APPCOR10777

• Permit No: C1981044
• IBM Index Class Name: Application Correspondence
• Doc Date: 2/4/1981
• Doc Name: AVF EXEMPTION REQUEST
• From: MLR
• To: EMPIRE ENERGY CORP
• Media Type: D
• Archive: No

Mr. Andrew P. Schissler
Empire Energy Corporation
P. O. Box 68
Craig, Colorado 81625
Dear Mr. Schissler:
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UEt'ARiMENT OF NAiURAI RESOURCES III'll'II'IIIIII'll
D. Monir. Pa xor, EeccWlvc Dlren or
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423 Centennial Building, 1313 Sherman Street
Denver, Colorado 80203 Tel. [phone]
David C. Shelton
February 4, 1981 Director
Re: AUF Exemption Request
The Division has completed review of Empire Energy's November 12, 1980 request
for exemption from the orovisions of CRS 1973, section 34-33-114(2)(e)(I), re-
stricting surface coal mining operations in alluvial valley floors. The Office
of Surface Mining has examined and concurs with the following findings which
sutrnnarize this review:
LANDS ELIf,IBLE FOR EXEMPTION
CRS 1973, 34-33-114(2)(e)(II) allows an exemption from the requirements of
section 114(2)(e)(1), if, in the year preceding August 3, 1977, surface coal
mining operations either produced coal in commercial quantities and were
located within or adjacent to an alluvial valley floor, or, had obtained permit
approval to conduct surface coal mining operations within an alluvial valley
floor. The geographic extent of the exemption must be limited to the actual
extent of mine workings on August 3, 1977, and adjacent lands for which there
existed substantial demonstrable financial or regulatory committment to mine
in the future, as required by Rule 2.06.8(5)(a)(i)(C) in the Regulations of
the Colorado dined Land Reclamation Board for Coal Mining. Information used
to define the geographic extent of the exemption must be in the form of permits,
licenses, or other public documents filed prior to August 3, 1977, with a
State, Federal or local government agency, including, but not limited to,
mine maps submitted to the Colorado Division of t4ines, mine plans approved
in accordance with 30 CFR 211 by the United States Geological Survey, Mine
Safety and Health Administration approvals, Colorado Department of Health
Air or lJater Quality Permits, or other permits identifying either a production
schedule or an approved specific geographic area.
Eagle No. 5
Surface coal mining operations described as the Eagle No. 5 mine in the sub-
mission satisfy the criteria for exemption in section 114(2)(e)(II). Materials
on file with the Colorado Division of Mines, "Operator's Monthly Coal Report",
indicate that coal was produced in commercial quantities from the lJise Hill
No. 5 mine (now called the Eagle No. 5 mine) in the year preceding August 3, 1977.