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t <br />STATE OF CO', pstADO 911'HnRn p. ~,fn+vrie•n ~ L <br />DEPARTMENT OF NATURAL RESOURCES <br />D. Mnnte Pascoe, Executive Director <br />IVIINEU LAND I{E(:LAA1A"I'1(1N <br />423 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 839-3567 <br />David C. Shelton <br />Director <br />TO: Carol Pa hike <br />FROM: Jerry 2impfer <br />RE: Empire Energy, Reguest for AVF Requirement Exemption <br />I have reviewed Empire Energy's November 12, 2980 request to be grandfathered <br />from the alluvial valley floor provisions of the coal Act. The following items <br />summarize this review. A few additional details will have to be addzessed <br />when I can sp.~nd more time on this in mid-December. <br />1. Section I14(2)(e)(II) of the Act allows surface coal mining operations <br />to be grandfathezed out of the requirements of 114(2)(e)(Z), if, in the year <br />preceeding August'3, 1977, the operations either produced coal in commercial <br />quantities and were located within or adjacent to alluvial valley floors or <br />had obtained permit approval to conduct surface coal mining activities within <br />alluvial valley floors. On the basis of information included in the Submittal, <br />the Eagle NS and the Eagle N9 mines appear eligible for grandfathering. The <br />Eagle N6, Eagle N7, and Eagle N8 mines are still in the planning stag, and are <br />not eligible to be grandfathered. (The status of the Eagle NSA and the N9A is <br />~~~~(~~no~~t~~d~\i~s``cussed in the submittal.) <br />1N ~JrCNf~W~I <br />~- "l5 2. The applicant argues that the definition of surface mining operations (1.09 <br />(132J (6J)includes areas adjacent to the surface mining operations, and, therefore, <br />the entire Eagle Mine Complex is eligible for grandfathering. I cannot agree <br />with this interpretation, the inclusion of adjacent areas is meant to include <br />7 all those activities and disturbances incidental to the actual mining. Again, <br />the Eagle N6, Eagle N7, and Eagle N8 mines do not appear eligible for grandfathering <br />under Section 114(2)(e)(II) of th~~ct by their inclusion as adjacent areas. <br />4 <br />3. The applica -has offe~r~ s~ criteria to be used to determine the geographical <br />extent of tho e areas~t are grandfathered. These criteria are unnecessary, <br />because the re~a£ions already provide the criteria for determining areal extent. <br />In the case of the Eagle N9 mine, the grandfathering applies to those 'l ands which <br />were identified in a reclamation plan approved by the State prior to 7august 3, 1977 <br />(2.06.8(SJ(aJ[i,]). In the case of the Eagle q5 mine, the provisions of <br />p. ~ <br />(cont'd) <br />I <br />November 26, 1980 <br />