2010-12-17_REVISION - C1981019 (153)

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Surface water 37 "Of special interest in the arid and semiarid coal mining areas are alluvial valley floors which are the productive lands that form the backbone of the agricultural and cattle ranching economy of those areas. Agricultural and ranching operations which form the basis of the existing economic system of the region could not survive without hay production from naturally sub irrigated and flood irrigated meadows located in the alluvial valley floors." (U.S. House of Representatives, Committee on Interior and Insular Affairs, 1976). Provisions have been made in Surface Mining and Reclamation Act (SMCRA) and in the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (Regulations) to: • define the term "alluvial valley floor" (AVF) and when the division will find that an AVF does exist, • specify the studies required to determine if there is an AVF, • specify the studies necessary for permit applications if an AVF is present, and • specify the performance criteria that must be met by the operation if an AVF is present. The term AVF has a very specific meaning in the context of the SMCRA. That definition, as adopted in the Regulations [Section 1.04(10)1, means: "the unconsolidated stream -laid deposits holding streams with water availability sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits formed by unconcentrated runoff or slope wash together with talus, other mass movement accumulations, and windblown deposits." As part of the overall permitting process, the CDMG will make a finding as to whether or not certain lands within the area potentially impacted by the proposed Collom Mine operation are AVFs. This finding can be made either prior to submitting a permitting package or simultaneous with the permit application submittal, at the operator's discretion. The CDMG shall find that an AVF exists if [Section 2.06.8(3)(c)]: Unconsolidated streamlaid deposits holding streams of sufficient size and inherent productive potential to support agricultural activities are present. There is sufficient water to support agricultural activities. r 2572 -R2 Colowyo Coal Company Water Management Consultants