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w <br />May 1, 1984 <br /> <br />Ms. Sandra Emrich <br />Reclamation Specialist <br />Mined Land Reclamation Division <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Re: Stipulation No. 3 <br />No. 9 Mine Findings Document <br />Dear Sandy: <br />` ,.~ <br />r <br />RECEIVED <br />MAY 0 2 1984 <br />MINED LAND RECLAMATION DIVISION <br />Colo. Dept of Natural Resources <br />The above stipulation requires Empire Energy to conduct annual inflow <br />studies in the Eagle No. 5 Mine and to submit a report of same detailing <br />the results of the study by August of the same year. During discussion of <br />the Department findings document, Empire strongly disagreed with the <br />necessity of this stipulation. This was based upon the argument that this <br />stipulation had been proposed for the Eagle No. 5 findings document but it <br />was modified to set a threshold level for warranting an inflow study. The <br />establishment of a threshold level was acceptable to both the Division and <br />Empire Energy. <br />need to obtain approval as soon as possible. This need was associated <br />with Empire's intent of using a part of the No. 9 Mine backfill material <br />as fill far the coal storage pad. The time frame established to complete <br />construction of the pad did not allow for further discussion of <br />stipulation No. 3. <br />Stipulation No. 3 of the above document was accepted by Empire due to the <br />Empire is not suggesting that the review and approval schedule was <br />prepared in such a manner as to cause the above situation. It appears it <br />is just a matter of coincidence that it resulted in a timing problem for <br />Empire. <br />mp~reEnergy Corporation <br />PO BO%6B CR41G COLOR~00 Bt B2B <br />1707'i Bt4BNfi <br />I <br />