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• (2) Obtained specific permit approval by the State regulatory authority <br />to conduct surface coal mining and reclamation operatlons within an <br />alluvial valley floor. <br />With respect to 30 CFR 822.12(c), no material damage to waters <br />supplying alluvial valley floors will result from the mining and <br />reclamation plan in this application. Documentation of this is <br />presented under Section 785.19(d). The monitoring program des- <br />cribed under Sections 816.52 and 822.14 is designed to detect any <br />toxic or harmful lecals of water quality or quantity which could, <br />if released to tributary streams and aquifer systems, cause material <br />damage to alluvial valley floors. The details of possible impacts, <br />along with methods of protection and mitigation, are presented <br />under Sections 780.21(b) and 785. 19(e). These Sections provide <br />information relevant to the preventive and remedial measures to be <br />taken against material damage to alluvial valley floors. The <br />• remedial measures undertaken will he applied until no longer needed <br />to prevent or minimize material damage to alluvial valley floors. <br />In any event, as fully documented under Section 785. 19 (e) and in <br />Table 1, Historical Production Rates, and as reflected by Colorado <br />State Mining and Reclamation Permit 76-13, Kerr Coal was producing <br />coal in commercial quantities at the existing Marr Mine and Kerr <br />tipple prior to August 3, 1977. Therefore, in accordance with 30 <br />CFR 822.12(d), operations at the existing mine and tipple areas are <br />exempted from Paragraphs (a) and (b) of 30 CFR 822.12. With refer- <br />ence to Bolton Draw, any interruption, discontinuance, or preclusion <br />of Farming due to mining operations is exempted, because the allu- <br />vial valley floor in Bolton Draw receives mine drainage only from <br />the existing operations at the Marr Mine. With reference to the <br />Illinois River floodplain, any interruption, discontinuance, or <br />preclusion of farming due to operations at the Kerr tipple are <br />exempted, because the tipple facility is an existing structure. <br />• With respect to the Canadian River floodplain, the material damage <br />provisions of paragraph (c) of 30 CFR 822.12 apply to the mine plan <br />area and have been addressed in Section 785. 19(d). <br />822-4 <br />