2010-05-07_GENERAL DOCUMENTS - C2009087

• Permit No: C2009087
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 5/7/2010
• Doc Name: Proposed Decision and Findings of Compliance
• Permit Index Doc Type: Findings
• Email Name: TAK
• Media Type: D
• Archive: No

The soils found in the alluvial areas were derived frorn mixed, fine textured
alluvium. They have a very slow permeability as a result of the high clay
content which averages 40%. The temperature class is cryic as is evidenced
by the short growing season, ranging from 40-75 days. According to the
S.C.S., this restricts the species that could be planted and most importantly
the production. Due to the high clay content and the low production
potential, the soils do not lend themselves to crop production. They are best
suited for grazing/rangeland.
The vegetation of the alluvial areas in the alluvial areas is typical of
subirrigated lands. The dominant species are: Carex sp., Poa sp., Arostis
alba, Agropyron Smith's, Dactylis glomerata, and Eleocharis spp. Due to
overgrazing, the productivity is below optimum levels.
The alluvial areas are considered by the S.C.S to be very productive
rangelands. This is their current land use with the exception of
approximately 15 acres in the confluence of Little Grassy Creek and Grassy
Creek, where the mine shop facilities and the Northwest Impoundment were
constructed. The shop facilities area was originally disturbed in 1966 when
construction began. The Northwest Impoundment was built in the summer of
1980. There are no plans for additional mining disturbance in the alluvial
areas. Rangeland/grazing, which was the past land use and is the current use
for the alluvial areas, is considered an agricultural activity as defined in Rule
1.04(8), and therefore, meets the qualifications for an Alluvial Valley Floor.
The Division's 1981 findings document for the Seneca II Mine established for the Grassy
Creek and Little Grassy Creek AVFs that, as allowed under Rule 2.06.8(5)(b)(i), the Seneca
II operation qualified for the exemption from Rules 2.06.8(5;)(a)(i) and (ii) for operations
conducted prior to August 3, 1977 within or adjacent to an AVE This exemption will
continue to apply to those areas of the PSCM that are transferred from the Seneca II Mine to
the PSCM where only surface mining activities are conducted. The exemption does not
apply to those areas in the PSCM where underground mining activities are conducted
because underground mining activities will commence after August 3, 1977, the exemption
qualification date of Rule 2.06.8(5)(b)(ii)(B).
During the review of the PSCM permit application, the Division conducted field
reconnaissance along the segments of the following streams that are within the area of
influence of PSCM's mining during the initial permit term: Scotchman's Gulch, Annand
Draw, and Grassy and Little Grassy Creeks upstream from their previously determined
AVFs. Of these stream segments, only Scotchman's Gulch near its confluence with Grassy
Creek appears to have the geomorphic characteristics of an AVF (unconsolidated stream-laid
deposits holding streams). Annand Draw and the upper reaches of Scotchman's Gulch lack
unconsolidated stream-laid deposits holding streams as this geomorphic feature is defined in
the Rules, and therefore these stream segments do not meet the criteria of an AVE Grassy
Creek and Little Grassy Creek, upstream from their two previously determined AVFs, lack
farmable acreage next to their channels as a result of the channels' incisement into bedrock;
Peabody Sage Creek Mine 37 May 7, 2010