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

as set forth more fully in subsection "C" below, this -~ ,
- production was from the "Adjacent Area" shown on.Exhibit."A" •
as being next to the alluvial valley floor location.
The summaries of coal contracts set forth on Exhibit "G"
hereto demonstrate further that the coal produced and
shipped was in "commercial quantities" in the year prior to
August 3, 1977.
Accordingly, Empire is entitled to exemption from the
requirements of Section 510(b)(5) of the FSMCRA.
B. On August 3, 1977, Empire had a Valid Permit
from the Applicable State Regulatory
Authority to Conduct Mining Operations Within
the Alluvial Valley Area
As a part of its continuing development plan empire applied
for and received a permit from the Mined Land Reclamation
Board of the State of Colorado for its then Wise Hill No. 9
Mine (now called the Eagle No. 9 Mine). This permit is
numbered 76-7-II.G., is dated March 24, 1977, and a true and
correct copy of this permit is attached hereto as Exhibit H.
As is clear from a review of page 2 of permit No. 76-7-U.G.,
it specifically authorized mining within the actual area ~"
~ designated on Exhibit.A hereto as Alluvial Valley Floor. `~~
Thus, it is clear that Empire is entitled to an exemption
from the alluvial valley floor restrictions contained in
Section 510(b)(5) of the FSMCRA.
Moreover, prior to August, 3, 1977, Empire also had
authority to operate its Eagle Mine No. 5 (then called the
Wise Hill No. 5 Mine). This authority was pursuant to a
license issued by the Colorado Division of Mines. IInder
Colorado law, licensed deep mines existing on August 3,
1977, were not yet required to file an application for a
permit. Thus, prior to August 3, 1977, the Eagle Mine No. 5
had all the permission from Colorado that was then required
for its mining within the alluvial valley floor.
C. The Empire Operation is in or Adjacent to
an Alluvial Valley Floor ("AVF")
In addition to the "commercial production" or "state permit"
requirement to be entitled to an exemption, the mining
operation must be "within or adjacent" to an alluvial, valley
floor. The "adjacent area" at Empire has been described as
shown on Exhibit A. The Office of Surface Mining has •
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