2012-06-20_PERMIT FILE - C2010089 (87)

Home Browse Search

A Provision (B) ie as owed to be directed to protect the quantity and quality of eater in those alluvial Valley floors with farming activities ao that there will be no adverse reduction of 4gricultural production. We assume that "production" refers principally to grass, gr in, alfalfa, or hay as used for fodder. No criteria are given to assist with app ication of the work "adverse ". In a procedural sense, we are not clear as to hoe the praviaion will apply if a surface owner of an alluvial valley floor does not choose to reestablish an agri- cultural activity on that land after mining; that is, whether mining would Ii i CURRENT REGULATIONS - ALLUVIAL VALLEY FLOORS 7 fit, Under Title 30 Code of Federal Regulations Part 211.40(a •' e operator must utilize the beat practicable commercially availa ology to minimize, control, or prevent disturbances of the hydrologic re e by "(iv) Protecting the quality, quantity and flow including the depth of both upstream and downstream surface and ground water resources of those valley floors which provide water sources that support significant vegetation or supply significant quantities of water for other purposes, by such measures as, but not limited to, relocating and maintaining the gradient of streama, avoiding mining, installing, reestablishing, or replacing aquifers and aquicludea, and replacing soil..." (30 CFR 211.40(a)(7)(iv). er— witted, Definitions: Valley floors - "channelways, flood plains *, and adjacent low terraces of streams that are flooded during periods of high flow and that are under- lain by unconsolidated stream -laid deposits. Excluded are higher ter- races and elopes underlain by colluvial and other surficial deposits normally occurring along valley margins." (211.2(qq)) Significant vegetation - "farm crops, including grasses and forbes, that are integral parts of agricultural or ranching operations and the natural vegetation of forests or meadows with significant recreational, watershed, agricultural, or wildlife habitat value." (211.2(11)) Note similarities between these existing regulations and language in Conference Reports accompanying HR 9725 and AR 25. RECENT USAGES OF ALLUVIAL VALLEY FLOOR PROVISION As of February, 1977, two bills are before the 95th Congreaa that address sur- face mining control and reclamation. Ha 2, before the Bone is similar to proposals made in 1976. That bill says: "No permit, revision, or renewal application shall be approved unless the application demonstrates...that...(5) the proposed surface coal mining operations, if located west of the one hundredth meridian west longitude, would - CA1 not interrupt, discontinue, or prevent farming on alluvial valley floors that are irrigated or naturally snbirrigated, but, excluding undeveloped range lands which are not significant to *Flood plain refers to relatively smooth land adjacent to a channel constructed by the present flow in its existing regimen and covered by rater when the water over- flows its beaks. It is built of alluvium carried by the eater during floods and deposited in the sluggish water beyond the influence of the current. (Modified from American Geological Institute, 1972, p. 267.) Flood plain size iacreasea with a decrease in the prbbable frequency of a flood. The flood plain used to define an alluvial valley. floor in the context of this effort has generally coin- cided with the annual flood plain which exceeds bank -full stage about every two 7eara.