PERMFILE56951 - Laserfiche WebLink

Home Browse Search

defined the term "adjacent" in its June 11, 1980, AVF I : guidelines (attached as Exhibit D) to mean an area defined in 30 CFR 7015, which exhibits similar hydrologic and environmental functions for considerations of alluvial valley floors defined at operator discretion. See Exhibit D. Although Empire has not delineated a dull two ' mi~Ie adjacent" zone from its underground mining activities, which was OSM's previous guideline for "adjacent," it has selected an area which it determined to be, as required by the 1980 technical guidance paper, applicable to the provisions of the alluvial valley floor exemption (See Exhibit S for the expert consultant's analysis). The two-mile adjacent rule was set forth on page 8 of the 1978 technical guidance paper which states: "As .a general rule, Part I of these guidelines describes a reconnaissance examination that should be applied to all lands within two miles of the proposed permit boundaries." This two-mile figure was modified in the 1980 tecnical guid- ance paper because the two mile area had "insufficient flexibility." As previously stated, the standard is now the "adjacent area" as defined in 30 CFR 701.5. As stated by OSM in the material prefacing the 1980 technical guidance paper: "This revision permits the operator's discretion in determining the study area." The area identified on Exhibit A is proposed by Empire as an alluvial valley floor and is an area "adjacent to the Empire operation, an operation for which substantial financial and legal commitments were made on January 1, 1977, (and) an area under permit from ." Colorado, and which was already then producing coal. V. AREA WHICH IS EXEMPT The specific area for which this exemption is sought to be recognized has been shown on Exhibit A and is composed of approximately 15,880 acres, which includes Empire's 9,145.65 acre leashold (as of August 3, 1976), plus an "adjacent" 6