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PAR RESPQNSE Andrew P. Schissler -2- February 4, 1981 The geographic extent of the exemption must be defined according to the standards • described above. In the case of the Eagle No. 5 mine, the Division has identi- fied mine maps submitted to the Colorado Division of Mines prior to August 3, 1977, which satisfy these criteria. Eagle No. 9 Surface coal mining operations described as the Eagle No. 9 mine in the sub- mission satisfy the criteria for exemption in section 114(2)(e)(II). Specific permit approval was granted for Wise Hi11 No. 9 mine (now called the Eagle No. 9 mine) by the Colorado Mined Land Reclamation Board on March 24, 1977. The geographic extent of the exemption must be defined according to the standards described above. In the case of the Eaale No. 9 mine, the Division has identi- fied mine maps submitted to the Colorado Division of Mines prior to August 3, 1977, which satisfy these criteria. Ea91e Nos. 6, 7 and 8 Information is not available in the submission, from the Colorado Division of Mines, from the United States Geological Survey, from the Mining Safety and Health Administration, nor from the files of the Mined Land Reclamation Division to demonstrate that the Eagle Nos. 6, 7 or 8 mines, in the year preceding August 3, 1977, either produced coal in commercial quantities or obtained permit approval to conduct surface coal mining operations as required by section 114(2)(e)(II). SCOPE OF EXEMPTION Surface coal mining operations conducted within the geographic extent of an exemption are not required to comply with the requirements of section 114(2)(e) (I). In the case of Empire Energy, any surface coal mining operations conducted within the specific geographic area defined by the mine maps submitted to the Colorado Division of Mines prior to August 3, 1977, as described above, are not required to comply with the requirements of section 114(2)(e}{I). Since the exemption only applies to the requirements of section 114(2)(e)(I), exempted surface coal mining operations must meet all of the remaining applicable requirements of the Act regarding protection of the hydrologit balance. Exempted operations must therefore satisfy the requirements of section 114(2)(c), section 121(2)(1), and any related performance standard requirements of section 121. Non-exempted operations, i.e., those surface coal mining operations not conducted within the specific geographic area of exemption, must satisfy the requirements of section 114(2)(c}, section 121(2)(1), any related performance standard ~~e- quirements of section 121, AND the requirements of section 114(2)(e)(I). To demonstrate compliance for surface coal mining operations conducted within the geographic area of exemption, Empire Energy must identify and define the characteristics of the hydrologic regime in or adjacent to the permit area, • demonstrate how the proposed operation has been designed to minimize disturbance to the hydrologic balance within the permit area, demonstrate how the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area, and demonstrate how the proposed operation has been designed to prevent subsidence from causing material damage to the surface.