APPCOR12872

• Permit No: C1981044
• IBM Index Class Name: Application Correspondence
• Doc Date: 12/19/1980
• Doc Name: AVF GRANDFATHER REQUEST
• From: MLR
• To: EMPIRE ENERGY CORP
• Media Type: D
• Archive: No

•1
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December 19, 1980
11iL\ED LA\D RECI~a1iATI0\
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5T4TE OF COL0R4p0 aiC H.:RD J. L4W-`;w•c ~~'~-' -
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r DEPARTMENT OF N4TURAL RESOURCES III III III III IIII III
D. Mote Pascoe, Executive Director i
999
423 Cenlen nial Building, 1313 Sherman Street
Denver, Colorado 80203 Tel. [phone] I
David C. Sheltol~n
Director
I
Atr. Andrew Schissler
Empire Energy Corporation
P. O. Box 68
Craig, Colorado 81625
Re: A.V.F. Grandfather Request
Dear Mr. SchisSl er:
This office has completd an initial review of Empire Energy's November I2,
1980 request for exemption from the provisions o#'.CRS 1973, 34-33-114(2)
(e)(I), restricting surface coal mining operatiorffi in alluvial valley floors.
The following items summarize this review:
1. Section 114(2)(e)(II) of the Colorado Surface Coal Mining Reclamation
Act, CRS 1973,34-33-101 et. se , allows surface coal mindI o er to
be exempt (grandfathered) from the requirements of (2)(e)(~j; ~f,~~~~e
year preceeding Rugust 3, 1977, the operations either produced coal in commercial
o;antities and were located within or adjacent to alluvial valley floors or
had obtained permit approval to conduct surface coal mining operations within
alluvial valley floors. On the basis of information included in the submittal,
surface coal mining operations described as the Eagle #5 and Eagle #9 mines
appear to meet this criteria and are eligible for grandfathering. Sufficient
information has not however, been included to demonstrate that surface coal
mining operations described as the Eagle #6, Eagle #7 or Eagle #8 mines meet
the production or permit criteria, and thus, such proposed operations are not '
eligible for grandfathering.
2. The applicant has offered six criteria to be used to determine the
geographic extent of those surface coal mining operations that are grandfathered.
These criteria are unnecessary, because the regulations already provide the
criteria for determining areal extent. In the case of the Eagle #9 mine,
the grandfathering applies to those lands which were identified in a reclamation
plan approved by the State prior to August 3, 1977 (2.06.8(5](aJ(i]). In the
~ case of the Eagle #5 mine, the provisions of 2.06.8(5)(a)(i)(C) apply. The
geographic extent of the lands eligible for such an exemption shall be limited
`' to the actual extent of the mine workings on August 3, 1977, and ~t hndsF
!~• for which there existed substantial de:mnstrable financial~io~,iec~y
commitprent to mine in the future. The actual extent of the mine workings
should be available from the State Bureau or Mines or the United States
Geological Survey. It may take some time to define the adjacent areas.
(cont'd)