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Proposed Decision <br />The Colorado Mined Land Reclamation Division proposes to approve, with <br />stipulations, a permit revision to add the No. 6, "E" seam mine to Empire <br />Energy Corporations mining complex. This approval allows mining in the No. 6 <br />Mine until permit expiration Life of mine approval is not being granted by <br />this decision. <br />Projections for life of mine extraction were given in the application. The <br />applicants projections show future coal extraction which could potentially - <br />subside the alluvial valley floors of the Yampa and Williams Fork Rivers. <br />However, none of these areas will be undermined during this permit term. <br />Exhibit 39 of the permit application details the Division's concerns with <br />respect to subisdence for the life of mine area. As stated in Section XX <br />(Subsidence) of this document, the Division can approve no further extraction <br />of coal under the Yampa and Williams Fork alluvial .valley floors until the <br />applicant has demonstrated that material damage will not result from this <br />activity. <br />The proposed approval applies to the area described on Map 1 of the permit <br />application. The area lies within all or a portion of Section 4, 5, 6 and 8 <br />of T5N, R91W; Section 1 of T5N, R92W; Sections 17, 19, 20, 21, 28, 29, 30 31, <br />32 and 33 of T6N, R91W; and Sections 25, 26, 35 and 36 of T6N, R92W of Moffat <br />County Colorado. <br />This proposed decision is based on a finding that the proposed operation as <br />described in the permit application will comply with all requirements of the <br />Colorado Surface Coal Mining Reclamation Act, CRS 1973, 34-33-101 et seq. and <br />the Regulations promulgated pursuant to the Act. <br />The permit application and the stipulations will become a binding part of the <br />permit upon approval. All responses to stipulations must be prepared in a <br />manner so as to be inserted into the permit application. In addition, they <br />must be submitted as revisions to the approved permit. The stipulations for <br />the Eagle mines are as follows: <br />STIPULATION N0. 1 ~~-g il+ '~~n~4~- <br />WITHIN 90 DAYS OF THE APPROVAL OF THIS PERMIT APPLICATION, EMPIRE ENERGY WILL <br />PROVIDE AND COMMIT TO A SINGLE, COMPREHENSIVE WATER MONITORING PLAN ACCEPTABLE <br />TO THE DIVISION WHICH WILL INCLUDE THE FREQUENCIES WITH WHICH BOTH WATER LEVEL <br />AND WATER QUALITY DETERMINATIONS ARE TO BE MADE AT EACH MONITORING SITE. THE <br />PLAN WILL ALSO INDICATE THE TYPES OF WATER QUALITY DETERMINATIONS THAT WILL BE <br />SCHEDULED. THE PLAN WILL INCLUDE THE FOLLOWING ELEMENTS ABSENT FROM TABLE 3 <br />OF THE PERMIT APPLICATION: <br />1) DETERMINATIONS OF WATER LEVELS FOR THE N0. 5 MINE WELL, THE OKIE <br />PLAZA WELL, AND THE N0. 9 MINE WELL ON A QUARTERLY BASIS: AND ' <br />2) DETERMINATIONS OF WATER LEVELS AND FIELD PARAMETERS FOR THE AYF-3, <br />AVF-5, AND AVF-6 WELLS ON A QUARTERLY BASIS AND FULL SUITE ANALYSIS <br />ON AN ANNUAL BASIS: AND <br />-2- <br />