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<br />Mr. David C. Shelton <br />January 26, 1981 <br />Page Three <br />n <br />Because the answers to the above questions are very important to <br />Empire Energy and are essential to sound business and mine planning, I <br />would appreciate it if you could respond to them as early as is <br />reasonably possible. Naturally, if my understanding of the matters <br />discussed at our meeting is incorrect, please let me know at your <br />earliest convenience. <br />Finally, I am advised that there may be some lack of agreement between <br />the position of the Federal Office of Surface Mining and the position <br />of the Division regarding the interpretation and application of the <br />AVF exemption section of the Act. Empire is hopeful that full agree- <br />ment can be reached between the two agencies on their respective <br />positions concerning scope and applicability of the exemption. Since <br />the Eagle Mine Complex has in the past been considered by to be a <br />"federal mine", Empire Energy considers a joint, consistent review of <br />its AVF submittal by both the Division and the Office of Surface <br />Mining critical to reasonable action by both entities. <br />Empire Energy and I appreciate the opportunity to continue this <br />dialogue with you and the Division. Should you have any questions, <br />please feel free to call me. <br />Very tAr n l/y V(111YC_ <br />~/ Y V <br />Philip C. <br />PCW/gmf <br />J. Hardaway <br />S. R. Snow <br />A. Schissler <br />D. A. Ferguson <br />D. R. Sturges <br />