Laserfiche WebLink
environmental problems. Two of these openings on the east side of the Yampa River <br />have been specifically identified for representatives of the Department of Minerals and <br />Geology. To date, however, we have not been told what the State will require Empire to <br />do about them. <br />Historically, most of the mining at the Cyprus Eagle Mine complex was of fee coal <br />overlain by privately-owned surface rather than of federal or State coal overlain by <br />federal or State-owned surface. We believe that as a result of the ownership pattern, the <br />Cyprus Eagle Mine complex received fewer inspections and less scrutiny than it would <br />have received if federal or State-owned coal and/or surface had been involved. This fact, <br />as well as the reputation of one of Empire's former owners -- the Cyprus Amax Minerals <br />Company -- for environmental violations is at the core of our concerns. (The largest <br />environmental fine ever paid in United States was paid by the Phelps Dodge Mining <br />Company for violations committed by Cyprus Amax Minerals Company at the Sierra <br />Mine complex). <br />We also have learned of numerous pollution violations that have occurred over the years <br />at the Cyprus Eagle Mine complex, including, but not limited to, the abandonment of <br />barrels containing powdered lead (used as fire weights) in the mine workings, as well as <br />inaccuracies in the working maps resulting in unreported rapid flooding of the mine <br />workings. As you know, much of the equipment and material that is taken underground <br />in a coal mining operation is never brought back to the surface for disposal. This Mine <br />was worked for a considerable length of time and the complex of rooms and tunnels <br />covers over 400 acres, spanning both sides of the Yampa River. The potential for <br />pollutants being released as the water rises and channels through this complex is a very <br />real possibility. <br />Rail line and trans-shiauinr corridor <br />In addition to the above issues, the property that Empire is attempting to drop from its <br />mining permit contains a railroad right-of--way that was created in a contract between our <br />predecessor, Harriet Clancy, and a predecessor of Empire. This right-of--way was created <br />within the boundaries of the existing permit area, and, as such, relied on the reclamation <br />requirements and liability protections of the mining permit. This trans-shipping corridor <br />is part of an ongoing mining operation and as such requires continued liability coverage <br />by the party obligated by the contract. Because of the comdor's location, adjacent to the <br />Yampa River, any derailment or accident would inevitably result in pollution of the <br />River. The potential for environmental damage and the resulting liability is not <br />something that we, as property owners, feel should become our responsibility. We <br />believe that any changes in the boundaries of the permit area would require a rewriting or <br />renegotiating of this contract. This right-of--way easement and trans-shipping contract <br />also allows for reacquisition by the Barker's if it is abandoned. <br />Although the Department of Minerals and Geology has claimed in the past that railroads <br />aze not the agency's responsibility, this is not just a railroad, it is a railway comdor and <br />