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Two inquiries were received regarding coal leases. The Division sent the parties <br />the requested information in reference to the five-year mining projection and the <br />coal leases in question. No other comments were received. <br />On July 12, 1993, the Division completed its preliminary review of the permit <br />renewal application and notified the operator of preliminary adequacy concerns. <br />Cyprus Empire responded to those concerns on August 24, 1993. On September 10, <br />1993, the Division notified the operator of additional concerns not clarified in <br />Cyprus' August 24 submittal. <br />The Division conducted an in-depth review of Cyprus Empire's reclamation estimate. <br />The detailed estimate of $3,202,822.00 required for reclamaticn was sent to the <br />operator on October 14, 1993. This estimate was $23,097.00 higher than the <br />reclamation bond held by the Division for the Eagle No. 5 and 9 mine permit area. <br />On December 2, 1993 Cyprus Empire provided to the Division a bond rider in the <br />amount of $23, 097.00 which adequately covers the estimated reclamation liability. <br />The Division notified the States of Kentucky, Pennsylvania, Utah, West Virginia, <br />and Wyoming of Cyprus Empire's permit renewal application since Cyprus has other <br />operations within those states. The Division received a reply on July 23 that <br />Cyprus Coal Company is not permit blocked in the State of Kentucky, but has <br />conditions on the Kentucky permit. <br />The Federal Applicant/Violator System was consulted on March 15 and 16, 1993, both <br />resulting in "issue" recommendations. A third check on October 15, 1993 resulted <br />in a "deny" recommendation due to outstanding AML fees of $11,507.55 from Cyprus <br />Cumberland Coal Corporation. Telephone inquiry with AVS/OSM i.n Lexington, <br />Kentucky, on October 19, 1993 confirmed that these fines have since been paid and <br />OSM verbally gave an "issue" recommendation. The Division followed up with a <br />confirmation inquiry on October 26, 1993, which resulted in ari "issue" recommenda- <br />tion. Two more checks were conducted on February 24, 1994 and February 28, 1994 <br />resulting in an "issue" recommendations as well. An additional check was <br />conducted on April 14, 1994, resulting in a "deny" recommendation. This <br />recommendation was related to MSHA citation number C94-081-41E~-1, issued to the <br />Lost Mountain Mining Co. in Kentucky. A subsequent check conducted on April 18, <br />1994 resulted in a "conditional issue" recommendation. Therei:ore, Stipulation <br />No. 8 has been attached to the permit. <br />Stipulation No. 8 <br />WITHIN 30 DAYS OF PERMIT ISSUANCE, THE PERMITTEE SHALL :;UBMIT TO THE <br />DIVISION PROOF THAT OF KENTUCKY VIOLATION NUMBER C94-O8:.-416-1 HAS <br />BEEN OR IS BEING CORRECTED, OR THAT THE VIOLATION IS UNI)HR <br />ADMINISTRATIVE OR JUDICIAL APPEAL. IF THE VIOLATION IS APPEALED, THE <br />PERMITTEE SHALL SUBMIT TO THE DIVISION PROOF OF THfi RESOLUTION OF THAT <br />APPUnT• AS SOON AS POSSIBLE. <br />Cyprus Empire responded to a portion of the Division's adequa<_y concerns <br />(September 10, 1993 letter) on January 21, 1994. Adequacy items not fully <br />resolved will be stipulated with approval of this renewal. This stipulation, <br />Stipulation No. 7, will need to be resolved within 90 days of the proposed renewal <br />decision. <br />Description of the Environment <br />Location <br />The Eagle No. 5 and 9 mine site lies approximately seven (7) miles south of Craig, <br />Colorado, on State Highway 13. The mine site and adjacent ar~aa lie at the foot of <br />the prominent Williams Fork Mountains, which trend east to west immediately to the <br />south. The general geographical location of the Cyprus Empir•=_ operation is shown <br />on Findings Figure 1, General Location Map. The elevation of the permit area <br />5 <br />