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-2- PROPOSED DECISION ~ ~ ~~u The Colorado Mined Land Reclamation Division proposes to approve, with stipulations, an application for a permit revision to conduct coal mining by Empire Energy Corporation for the Eagle No. 9 Mine and an application for a revision to extend the permit boundary in the Eagle No. 5 Mine. The approval decision is based on a finding that the proposed operations will comply with all requirements of the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et se ., and the regulations promulgated thereunder. Three additional stipulations have been attached to this proposed approval decision and one stipulation (No. 3) has been revised. The revision applications and the stipulations will become a binding part of the permit, upon approval. These stipulations are in addition to the 23 stipulations included in the September 2, 1983 findings document and have been numbered starting with 24. They are as follows. Stipulation No. 25 EMPIRE ENERGY CORPORATION SHALL PERFORM A MINIMUM OF TWO ADDITIONAL COMPLETE CHEMICAL AND PHYSICAL ANALYSES ON ROOF, FLOOR INTERBURDEN (ROCK SPLIT) ANO COAL STRATA FROM REPRESENTATIVE LOCATIONS IN THE EAGLE N0. 9 MINE'S PERMIT AREA. RESULTS OF THESE ANALYSES SHALL BE SUBMITTED 70 THE DIVISION WITHIN 60 DAYS OF THE ISSUANCE OF THIS PERMIT. Stipulation No. 26 THE DIVISION DIRECTS EMPIRE ENERGY CORPORATION TO INSTALL ANO MONITOR ONE ADDITIONAL SET OF SURVEY MONUMENTS OVER A SET OF DEVELOPMENT MAINS AT THE EAGLE N0. 9 MINE. THE MONUMENT SERIES OVER THE DEVELOPMENT MAINS AND MONUMENT SERIES HAND I SHALL 8E INSTALLED WITHIN SIX (6) MONTHS OF THE PERMIT ISSUANCE. THE SURVEY MONUMENTS SHALL BE PLACED OVER MINE AREAS WHICH WILL BE MINED WITHIN TWELVE (12) MONTHS OF THE TIME THAT MINING BEGINS. TWO MONTHLY MEASUREMENTS OF THE SURVEY MONUMENT ELEVATIONS SHALL BE MADE PRIOR TO UNDERMINING THE SETS OF SURVEY MONUMENTS. ONE MEASUREMENT OF THE SURVEY MONUMENT ELEVATIONS SHALL BE MADE IMMEDIATELY AFTER DRIVING THE DEVELOPMENT MAINS AND AFTER ROOM ANO PILLAR ADVANCE. ALL SUBSEQUENT MONITORING OF SURVEY MONUMENT ELEVATIONS SHALL BE MADE QUARTERLY. ALL DATA FROM THIS SUBSIDENCE MONITORING SHALL BE SUBMITTED IN THE COMPANY'S QUARTERLY SUBSIDENCE REPORT.