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• 17- • <br />The vegetation of the alluvial areas is typical of .subirr..igated lands. The dominant <br />species are: Carex sp., Poa sp., Agrostis alba, Agropyron Smith's, Dactylis <br />glomerata and Eleocharis spp. Due to overgrazing, the productivity is below optimum <br />levels. <br />The alluvial areas are considered by the S.C.S. to be very productive rangelands. <br />This is their current land use with the exception of approximately 15 acres in the <br />confluence of Little Grassy Creek and Grassy Creek, where the mine's shop facilities <br />and the Northwest Impoundment were constructed. The shop facilities area was originally <br />disturbed in 1966 when construction began. The Northwest Impoundment was built in <br />the summer of 1980. There are no plans for additional mining disturbance in the <br />alluvial areas. Rangeland/grazing, which was the past land use and is the current <br />use for the alluvial areas, is considered an agricultural activity as defined in <br />Rule 1.09(8), and therefore, meets the qualifications for an Alluvial Valley Floor. <br />GRANDFATHERING <br />C.R.S. 1973, 34-33-I14(2)(e)(II) allows an exemption from the requirements of Section <br />Z14 (2)(e)(I), if, in the year preceding August 3, 1977, surface coal mining operations <br />either produced coal in commercial quantities and were located within or adjacent <br />to an Alluvial Valley Floor, or had obtained permit approval to conduct surface coal <br />mining operations within an Alluvial Valley Floor. The geographical extent of the <br />exemption must be limited to those lands which were identified in a reclamation plan <br />approved by the State prior to August 3, 1977. <br />Seneca Coals Ltd. obtained permit approval to conduct surface coal mining operations <br />prior to August 3, 1977. Therefore, Seneca satisfies the criteria for exemption. <br />exhibit "Q" from permit N75-54 delineated the geographic extent of lands to tie affected <br />by the operation as of May 21, 1976. The Grassy Creek drainage is included in the area <br />to be affected and the Fish Creek drainage is not. Therefore, the Alluvial Valley <br />Floors identified as the confluence of Little Crassy Creek and Grassy Cteek and the <br />narrow strip along Little Grassy Creek are exempt from the requirements of C.R.S. 1973, <br />34-33-119(2)(e)(I). The Alluvial Valley Floor adjacent to the proposed permit area <br />identified as Fish Creek is not exempt from these requirements. <br />COMPLIANCE OF EXEMPTED A. V. F.s <br />Since the exemption clause from the Act (Section 39-33-1I4(2)(e)(II)) only excludes <br />compliance with the material damage and significance to agricultural activities demon- <br />strations (Section 34-33-I14(2)(e)(I) and 2.07.6(2)(k)), an exempted applicant must <br />show compliance with the remaining requirements regarding protection of Alluvial <br />Valley Floors, i.e., that the essential hydrologic functions of an AVF can be <br />preserved or restored (Section 39-33-120(2)(j)(VI)). <br />In the Grassy Creek drainage, the extent of disturbance is limited to the office <br />area, the shop area, and the Northwest impoundment (see Exhibits 7-7 and 7-16 of <br />the application). No additional mining activities will occur in the Alluvial Valley <br />Floor. Each of these facilities was constructed prior to the approval of the Colorado <br />Permanent Regulatory Program; Little empirical data exists to characterize the pre- <br />mising essential hydrologic functions of the AVF. The applicant has, however, <br />provided data characterizing the existing physical and chemical hydrologic character <br />of the alluvium (see Surface Water hydrology and Ground Water Hydrology sections of <br />this document). In addition, the applicant has proposed a surface and groundwater <br />