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iiiiiiiiiiiuiuiii <br />STATE OF O~LORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmem of Natural Resources <br />131 3 Sherman St., Room 21 i <br />Denver, CO 80203 <br />Phone: 17031 866-3567 <br />FA%:17031 832-810b <br />DATE: October 5, 1992 <br />TO: Larry Routten <br />FROM: Stephen F. Wathen ~`~ <br />RE: Permit # C-81-044; Eagle 5 fi 9 <br />Stream Buffer Zone Markers <br />of eon <br />`e~ b <br />Ne ' O'i <br />~r <br />~B]6'• <br />Rov Romer <br />Governor <br />michael8 Long <br />Drvis ran Director <br />I asked Terrell during my inspection on September- 28, 1992 about <br />the presence or absence of stream buffer markers. He stated that <br />the Eagle Mine didn't have stream buffer markers and that it was <br />his understanding that they were not needed as Eagle was an <br />underground mine. <br />I have researched this matter and have uncovered the following: <br />(See attached sheets for copies of applicable regulations and <br />permit pages.) <br />The Regulations: <br />Rule 4.02.5 Buffer zones shall be clearly <br />marked, as defined by 4.05.18. <br />Rule 4.05.18 No stream buffer zone shall be <br />disturbed by "surface coal mining <br />operations" [quotations mine]. <br />Rule 1.04(132) Surface coal mining operations <br />defined as " ..surface operations <br />and surface impacts incident to an <br />underground coal mine." <br />The Permit• <br />4.02.5 Stream buffer zones as established under <br />4.05.18 will be clearly marked. <br />4.05.18 References Rule 4.05.18(3) and states tYLat the <br />only disturbance within 100 feet of a <br />perennial stream will occur around the <br />conveyor belt and the coal stockpile. <br />