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

4) The aforementioned laws exempt certain surface
coal mining operations "within or adjacent to"
alluvial valley floors from the criteria "not
interrupt, discontinue or preclude farming ,
not materially damage the quantity or quality of
surface or ground water ."•
5) The term "adjacent" has been determined by OSM to
be an area defined by 30 CFR 701.5 and delineated
at operator discretion for a proposed area of
operation or permit (See, Exhibit D hereto);
6) As of January 1, 1977, Empire Energy Corporation
held the coal mining rights to~property so
identified on Exhibit A (See, Exhibit C hereto);
7) As of August 3, 1976, Empire produced coal in
commercial quantities from its Eagle Mine Comples
(See, Exhibits E and G hereto);
8) As of January 1, 1977, and continuing to date Mine
No. 5 was an integral part of the "mining
operation" which included planned production from
Mines 5, 6, 7, 8 and 9 processed as a single
product through a single unit train loading
facility (See, Exhibits F and I through Q hereto);
9) On March 24, 1977, Empire Energy Corporation
received a life-of-the-mine Development and
Extraction Mining Permit from the State of
Colorado for its No. 9 Mine which also is a part
of the "mining operation" (See, Exhibit H hereto);
10) Significant financial and legal commitments were
made to develop the multiple seam project and mine
complex prior to January 1, 1977, (See, Exhibits
F, G, and H hereto); and
11) The leasehold described in Exhibit B and shown on
Exhibit A contains the mining operation which in
aggregate is the coal production capability of
2,800,000 tons per year from the multiple seam
complex located within the leasehold (See, Exhibit
P hereto).
12) The Eagle Mine Complex consisting of the Eagle
Mines No. 5, 6, 7, 8, and 9 are exempt from the
requirements of Section 510 (b) of the FSMCRA.
13) That the area shown on Exhibit A has been
\_ identified as an alluvial valley floor by an
independent consultant and shown in Exhibit S.
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