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i ~`SG <br />III IIII111111111111 <br />STATE OF CU~Ui~u0 <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br /> <br />Denver, Colorado 80203 I~ <br />Phone: (3031 866-3567 ~ <br />FAX: 1307) 832-8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br /> Roy Romer <br />June 16, 1995 c°ver"°` <br /> lames 5 Lochhearl <br /> Execubvc Ducciur <br /> Michael B. Lung <br />Mr. Marcus Middleton Dinsion D'nedur <br />Cyprus Empire Corporation <br />P.O. Box 68 <br />Craig, CO 81628 <br />RE: Eagle 5 & 9 Mine (C-81-044) <br />MR-39 (Low Quality Coal Storage) <br />Dear Mr. Middleton, <br />The Division of Minerals and Geology received your minor revision (MR-39) to increase <br />the amount of low quality coal to be stored adjacent to the old #9 Portal Refuse Area. The <br />application was deemed complete for purposes of filing on June 16, 1995. The Division has <br />a few concerns that should be addressed by the operator prior to approval of the minor <br />revision; <br />1. In the cover letter attached to the minor revision, Cyprus states the material will be <br />moved into the refuse disposal area within 18 months if shipping the material to <br />Tewntymile is unfavorable. In the memo it is also states that CT+E Lab is currently <br />testing the material for washability. It appears that Cyprus will shortly find out if the <br />material is suitable to be shipped and washed at the Twentymile Mine. 18 months <br />appears to be a lengthy time to determine if the material will be moved to <br />Twentymile or placed in the refuse pile. The Division believes a more appropriate <br />time frame to move the material is 9 months. Please revise the permit pages to <br />reflect a shorter length in time that the material will be stored adjacent to the 9 <br />Portal refuse area. <br />2. In the cover letter, Cyprus states the low quality coal might be shipped to Twentymile <br />to be washed. Rule 4.10.1(2) states, <br />"Coal Mine Waste Materials form activities located outside a permit area, <br />such as those activities at other mines, may be disposed of in the permit area <br />only if approved by the Division. Approval shall be based on a showing by <br />