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STATE OF COLORADO RiC H4RD D. ~. Gave rnm <br />DEPARTMENT OF NATURAL RESOURCES <br />D. Monte Pascoe, Executive Director <br />MINED LAND RECLAMATION <br />Mr. Andrew P. Schissler <br />Empire Energy Corporation <br />P.O. Box 68 <br />Craig, Colorado 81625 <br />David C. Shelton <br />Director <br />NF.Ii./ jL.;i~ <br />~r~,~. <br />~;Y`"f' <br />423 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (3031 839-3567 <br />January 20, 1981 <br />Re: A.V.F. Grandfather Request <br />Dear Mr. Schissler: <br />The Division has `completed review of Empire Energy's November 12, 1980, <br />request for exemptTOn from the proyj~ions of C.R.S. 1973, 34-33-114(2)(e)(I), <br />restricting surfaced coal mining operations in alluvial valley floors. The <br />Office of Surface Mining has examined and concurs with the following findings <br />which summarize this review: ~' <br />`, i <br />1. C.R.S. 1973, 34-33-114(2~)(e)(II) allows surface coal mining operations to <br />be exempted (grandfathered)'from the requirements of Section 114(2)(e)(I), if, <br />in the year preceeding August 3, 1977, the operations either produced coal in <br />commercial quantities and where located within or adjacent to alluvial valley <br />floors, or, had obtained permit approval to conduct surface coal mining opera- <br />tions within an alluvial valley floor. <br />Surface coal mining operations described as the Eagle No. 5 mine in the submission <br />are eligible for the exemption allowed under Section 114(2)(e)(II). Materials <br />on file with the Colorado Division of Mines the "Operators Monthly Coal Report," <br />indicate that coal was produced in commercial quantities from the Wise Hill <br />No. 5 mine (now called the Eagle Nq. 5 mine) in the year preceeding August 3, <br />1977. Information used to define the geographic extent of the exempted opera- <br />tion must be in the form of permits,\ icenses, or other public documents <br />approved prior to August 3, 1977, by a State, Federal, or local government <br />agency, including, but not limited to mine maps submitted to the Colorado <br />Division of Mines, mine plans approved i~~n accordance with 30 C.F.R. 211 by the <br />United States Geological Survey, Mine Safety and Health Administration Approvals, <br />Colorado Department of Health - air or water quality permits, or other permits <br />identifying either a production schedule o'r an approved specific geographic <br />area. In this case, the Division has identified mine maps submitted to the <br />Colorado Division of Mines prior to August 3, 1977, and a mine plan approved <br />by the United States Geological Survey in accordance with 30 C.F.R. 211, on <br />March 28, 1977, which meet the criteria above for defining the geographic <br />extent of the exempted operation. <br />Surface coal mining operations described as the Eagle No. 9 mine are eligible <br />for the exemption allowed under Section 114(2)(e)(II). Specific permit <br />approval was granted for Wise Hill No. 9 mine (now called the Eagle No. 9 mine <br />