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• / • Mr. Self June 9, 1980 Page 4 9. Section 4.9 - Air Pollution Control Plan Additional information may be required with respect to an air pollution control plan in the future dependent on the final form of a memorandum of understanding currently being developed between the Air Pollution Control Division and MLRD. IV. Special Categories of Mining (Section 5 of the application) 30 CFR 785.18 b .19 - State Equivalent Proposed Rules 2.06.7 E 2.06.8. 1. Section 5.1 - Delay in Contemporaneous Reclamation is in compliance with the final regulations. 2. Section 5.2 - Surface Coal Mining Activities on Area or Adjacent to Areas Including Alluvial Valley Floors. This section of the application was not reviewed during the interim regulatory review process, particularly with respect to mining under a potential AVF. This section of the application will be re-examined at the time of resubmission under the final program. 3. Section 5.3 - Craig Loadout Facility At the specific request of Empire Energy Corporation, the Craig Loadout Facility was reviewed only with respect to the interim regulations. As you can see from the above comments, the major areas in the application needing revisions concern subsidence control plans, vegetation baseline and reference areas and the general area of hydrology (baseline, monitoring, probable hydrologic consequences, cumulative hydrologic effect, alluvial valley floors). Again, we would like [o emphasize that the statements in this letter repre- sent our best understanding of the final regulatory program at this point in time and are subject to change based on OSM comments on our proposed regulations, current litigation related to the OSM regulations and better definition of a few criteria and standards which still are not well defined. I hope this letter has accomplished the intended purpose. Please feel free to call if you have any questions or need any further assistance or clarifica- tion. Sincerely, ~ 1 5_ ~I'lV_~'^\ (~,t. / Dean R. Massey \~,~` Supervising Reclamation Specialist (Coal)