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<br />DRAFT <br />January 16, 1981 <br />Mr. Andrew P. Schis~ler <br />Empire Energy Corporation <br />P.O. Box 68 <br />Craig, Colorado 81625 <br />Re: A.V.F. Grandfather Request <br />5 <br />Uear Dlr. Schis~ler: <br /> <br />The Division has completed review of Empire Energy's Novem- <br />ber 12, 1980, requesP~~t for exemption from the provisions of C.R.S. <br />1973, 34-33-114(2)l¢)(I), restricting surface coal mining operations <br />in alluvial valley floors. The following findings summarize this <br />review: <br />&-- 1. C.R.S. 1973, 34-33-114(2)(e)(II) allows surface coal <br />mining operations to be exempted (Grandfathered) from the <br />requirements of Section 114(2)(e)(I), if, in the year pre- <br />I ceedirrg August 3, 1977, the operations either produced coal <br />in commercial quantities and where located within or ad- <br />jacent to alluvial valley floors, or, had obtained permit <br />approval to conduct surface coal mining operations within <br />an alluvial valley floor. <br />~1 '~- r <br />Surface coal mining operations described as Eagle No. 5 mine in <br />the submission are eligible for the exemption allowed under Section <br />114(2)(e)(II). P1aterials on file with the Colorado Division of Mines <br />the "Operators T}onthly Coal. Report," indicate that coal was produced <br />in commercial quarrt.iti.es from the 1V.ise Ilill No. 5 mine (now called <br />0 <br />ti <br />the Eagle No. 5 mine) in the1~-y~ear proceeding August 3, 1977. <br />Information used to define L~ geographic extent must be in the <br />~, J~lir ? <br />form of permits, licenses, or otherhdocuments approved prior to <br />S August 3, 1977, by a State, Federal, or Local government agency, <br />P including, but not limited to mine mans submitted to the Colorado <br />I ~ I. I I ~~ <br />