PERMFILE56951

• Permit No: C1981044
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT 04 AVF EXEMPTION REQUEST
• Media Type: D
• Archive: No

area.* A legal description of said area has been set forth •~1 i
%' on Exhibit B hereto. The identification of the area shown •
on Exhibit A as Alluvial Valley Floor and Adjacent area is
by expert analysis application of the draft technical
guidance papers of the Office of Surface Mining dated
August, 1978, entitled "Alluvial Valley Floor Identification
and Study" and dated June 11, 1980, entitled "Alluvial
Valley Floor Guidelines" and attached hereto as Exhibit "D"
(See Exhibit 5 attached hereto.) Additional explanation of
Exhibit "A" is set forth hereinbelow.
VI. OPERATIONS WHICH ARE EXEMPT
Empire seeks this exemption for its entire Eagle Mine
Complex mining operation. This mining operation is a
multiple seam mining operation in the "P," nH~n nF~n nE~n
and "C" seams consisting of two existing and three planned
mines, all of which are and will be serviced through a
single surface facility. The existing Eagle Mine No. 5 has
mined coal from the "F' seams since the year 1971. The
planned Eagle Mines No. 6 and 7 will mine coal directly
beneath the No. 5 mine in the "E" and "C" coal seams,
respectively. The "E" and "C" seams are stratigraphically
*Empire as escribed and seeks exemption for this adjacent
area because Section 510(b)(5) of the FSMCRA uses the term
"adjacent" as do 30 CFR 785.19 of the regulations and the
Office of Surface Mining's August 1978 draft technical quid-
ance papers entitled "Alluvial Valley Floor Identification
and Study" and "Alluvial Valley Floor Guidelines" dated 1978
and 1980, respectively (herein sometimes called "Technical
guidance papers."). Empire refers to these technical guid-
ance papers for the purposes of this request only and does
not endorse or acknowledge their correctness.. Empire
reserves, and does not waive, its right to contest the
accuracy of their technical guidance papers or to challenge
findings therein or based thereupon that are, or may be,
adverse to it.
Empire has coal extraction rights on its leashold through
valid and existing coal leases (summaries of which are
attached as Exhibit C hereto) for the property generally
contained within the area shown on Exhibit A. Detailed
maps, cross-sections and drawings of the mine workings,
facilities, and other information have been submitted to the
Office of Surface Mining and the Mined Land Reclamation
Board in Empire's permit submittals of October 17, 1979, and
February 29, 1980, and are incorporated herein by reference
as though set forth in full. •
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