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<br />z <br />The agreement calls for excavation and replacement of the pipeline <br />before and after subsidence occurs. The pipeline must be replaced <br />in accordance with applicable Department of Transportation <br />regulations which require a minimum three feet of cover over the <br />pipe. The CEC/Amoco agreement specifies that this three feet of <br />cover material will be the material excavated from the pipe trench. <br />Amoco or CEC will then seed the reclaimed pipe corridor with the <br />rangeland seed mix in the Eagle mine permit or the cover crop mix <br />on the disturbed ground, where appropriate. This burial of the <br />pipeline and reseeding will restore the value of the disturbed land <br />and assure that any reasonably foreseeable postmine use of the land <br />is feasible, as required by Rule 4.20.1. <br />2. Existing regulatory authority of other government agencies <br />over oil and gas pipelines. <br />While our regulations ultimately hold CEC liable for mitigating <br />structural damages and restoring the value of land affected by <br />subsidence, at least two other government agencies also have <br />jurisdiction over the proposed pipeline work and potential oil <br />spills. The U.S. Department of Transportation regulations in 49CFR <br />Part 195 include standards for pipeline construction, including the <br />three foot cover requirement mentioned above. Associated DOT <br />regulations also address response plans and damage prevention <br />programs for pipeline operators. <br />The Colorado Department of Health, Water Quality Control Division <br />would be involved in any potential oil spill resulting from <br />subsidence or pipeline excavation. The CDOH approved CEC's <br />amendment to the mine's SPCC plan in regard to the containment <br />sumps downhill from the pipeline. <br />I believe the proposed pipeline work meets the regulatory <br />requirements of DMG, OSM, DOT, and CDOH. <br />3. Existing "policy" and court rulings in regard to liability for <br />subsidence damage. <br />I did some library and phone research in an attempt to determine <br />what the current status of the regulatory world's policy was in <br />regard to the question, "Does land which is disturbed as part of <br />subsidence control work need to be bonded and included in the <br />mine's ten year liability?". As far as i can determine, <br />