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<br />STIPULATION N0.3 <br />THE DIVISION DIRECTS EMPIRE ENERGY CORPORATION TO PLACE FOUR FEET OF <br />NON-TOXIC, NON-ACIDIC AND NON-ALKALINE MATERIAL ON THE COAL PROCESSING WASTE <br />PILE UNTIL SUCH TIME AS EMPIRE ENERGY CORPORATION SATISFACTORILY DEMONSTRATES <br />TO THE DIVISION THAT THE REVEGETATION REQUIREMENTS OF RULE 4.15 CAN BE <br />ACHIEVED USING LESS THAN FOUR FEET ON NON-TOXIC COVER. IN ADDITION EMPIRE <br />ENERGY CORPORATION MUST DEMONSTRATE THAT THERE IS SUFFICIENT MATERIAL <br />AVAILABLE TO PRO'JIDE THIS FOUR FEET OF COVER. <br />STIPULATION N0. 4 <br />TO ENSURE PR07ECTION OF GOLDEN EAGLE NESTS, NO SURFACE DISTURBANCE WILL OCCUR <br />FROM JANUARY 15 TO JULY 15 IN THE FOLLOWING AREAS: <br />T5N, R91W NW 1/4 of Section 8 <br />T6N, R92W SW 1/4 of Section 36 Within the Permit <br />Area <br />NE 1/4 of Section 36 <br />S 1/2 Nw 1/4 of Section 36 <br />SE 1;4 of Section 35 Within the Permit Area <br />SE 1/4 of Section 25 <br />~~ <br />Permit Revision No. 1 approved mining in the No. 6 Mine until permit <br />expiration. Renewing the permit in effect continues the approval for mining <br />in the No. 6 Mine. It is important to note that the Permit Revision No. 1 `- <br />Decision and Findings Document stated that "The applicant's projections how <br />future coal extractions which could potentially subside the alluvial valley <br />floors of the Yampa and Williams Fork Rivers. However, none of these areas <br />will be undermined during this permit term" The Division will not approve any <br />further extraction of coal under these alluvial valley floors until the <br />applicant has demonstrated that such activities will not disrupt the essential <br />hydrologic functions of these alluvial valley floors. The applicant has not <br />provided any further demonstration that such disruptions will not result from <br />this activity. Therefore, under this permit renewal, the Division is limiting <br />the applicant's mining activity to that area approved within the Permit <br />Revision No. 1 approval. Map 24, No. 6 Mine - Mine Plan for years one through <br />five, included in the permit application, shows the approved mining area for <br />the No. 6 Mine. Cyprus Empire shall not advance their No. 6 Mine beyond these <br />limits without specific approval from the Division <br />This proposed document shall be considered as an addendum to the Proposed <br />Decision and Findings of Compliance Eagle No. 5, 5A, and 6 Mines - Permit <br />Revision No. 1 findings April 24, 1987. <br />GRS/yjb <br />9978E <br />_ 1_ <br />