Laserfiche WebLink
Potential AVF areas within and adjacent to the permit area aze addressed below. See Tab 21 of the <br />application for further information. <br />Facilities Area <br />The permittee identified approximately 500 acres of land within the reconnaissance study azea that <br />meet the geomorphic criteria for alluvial valley floors. This ]and is located adjacent to the Colorado <br />River. The permittee noted, on Exhibit 33 of the application, that a portion of this land is subirrigated <br />and a portion was historically flood irrigated. <br />The permittee has demonstrated that a large portion of the alluvial valley floor meets the requirement <br />fora "grandfathering" exemption. The Colorado Surface Coal Mining Reclamation Act of 1979 <br />allows an exemption from interrupting, precluding, or discontinuing farming and from effects on the <br />quantity and quality of water supplying the alluvial valley floor, if, in the yeaz preceding August 3, <br />1977, the surface coal mining operations either produced coal in commercial quantities and were <br />located within or adjacent to an alluvial valley floor, or had obtained pemrit approval to conduct <br />surface coal mining operations within an alluvial valley floor. <br />The geographic extent of the exemption is limited to the actual extent of mine workings as of August <br />3, 1977, and adjacent lands for which there existed (at that time) substantial demonstrable fmancial or <br />regulatory commitment to mine in the future, as required by Rule 2.06.8(5)(a)(i)(B) inthe Regulations <br />of the Colorado Mined Land Reclamation Boazd for Coal Mining. <br />The permittee provided copies of permits for the Roadside and Cameo Mines, which were obtained in <br />December 1976 and January 1977. Therefore, those lands permitted aze eligible for the "grandfather" <br />exemption. These lands include those portions of the permit azea within Sections 27, 28, 33 and 34, <br />T10S, R98W. This azea includes the entire affected alluvial valley floor, with the exception of that <br />portion in Section 26. However, that portion of Section 26 within the permit azea as noted in Exhibit <br />33 was disturbed as part of construction of the unit train loadout prior to August 3, 1977, and therefore <br />is eligible for the "grandfathering" exemption. <br />Alluvia] Vallev Floor - Findines (Facilities Area) <br />Those portions of the permit area within Sections 26, 27, 28, 33 and 34 are exempt from the <br />requirements that prevent an operation from interrupting, discontinuing, or precluding farming, and <br />from affecting the quantity and quality of water supplying the alluvia] valley floor (4.24.3(4)). <br />However, this area is not exempt from the requirements for restoring the essential hydrologic functions <br />of the alluvial valley floor, which will be discussed below, in Item 3. <br />All of the non-exempt alluvial valley floor is located outside the permit area within Section 26 and 27. <br />I. No portion of the non-exempt alluvial valley floor is presently disturbed by the mining operation. <br />A small portion of this azea is indicated as being historically flood irrigated on Exhibit 33. <br />There aze no plans to disturb any additional land on the alluvial valley floor. Therefore, the <br />proposed coal mining operation will not interrupt, discontinue, or preclude farming on the <br />alluvial valley floor (4.24.3(1)). <br />49 <br /> <br />