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~ • • <br />Andrew P. Schissler <br />-3- <br />February 4, 1981 <br />To demonstrate compliance for the surface coal mining operations not within <br />the geographic area of exemption, Empire Energy must: identify and define the <br />characteristics of all alluvial valley floors in or adjacent to the permit <br />area, demonstrate that the surface coal mining operations would not interupt, <br />discontinue, or preclude farming in the alluvial valley floors or materially <br />damage the quantity or quality of surface or ground water systems; identify <br />and define the characteristics of the hydrologic regime in or adjacent to the <br />permit area, demonstrate how the surface coal mining operations have been <br />designed to minimize disturbance to the hydrologic balance within the permit <br />area, demonstrate how the surface coal mining operations have been designed <br />to prevent material damage to the hydrologic balance outside the permit area; <br />and demonstrate how the operations have been designed to prevent subsidence <br />from causing material damage to the surface. <br />PERP1ANENT PROGRAM COMPLIANCE <br />As you know, Colorado has received permanent program approval, effective <br />December 15, 1980, resulting in a deadline of February 17, 1981 for the submittal <br />of applications for compliance with the Permanent Program. It should be noted <br />that the Division is required to adhere to a rather stringent timetable regard- <br />ing the review of this application. This decision must incorporate the findings <br />referenced in this summary regarding protection of the hydrologic balance, <br />plus several additional findings of compliance with all of the requirements of <br />CRS 1973, sections 34-33-101 et. sec. As noted in the discussion above, these <br />findings often require the submittal of significant baseline data in the <br />application, especially when an operation is unusually complicated. <br />In tiie case of Empire Energy's forthcoming permit application, the Division must <br />have the demonstrations and data discussed in this summary to make the findings <br />required by the Act within the time constraints for permit review set forth in <br />the Act. <br />Should you have any questions regarding this review or preparation of materials <br />for the forthcoming permit application submittal, please do not hesitate to <br />call me. <br />ELB:mab <br />cc: Phil Wolf <br />Dave Sturges <br />Darry Ferguson <br />Lew Woods <br />Dave Shelton <br />Jim Kent <br />Mike Bishop <br />Sincerely, <br />Edward L. Bischoff i, <br />Reclamation Specialist] .'f <br />