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The applicant observes, on page 2.05.3-9 of the amended application; <br />"Sections may be added or deleted from any part of the mine to meet <br />production requirements so long as the operational activities are within <br />the permit boundary and the performance standards are met. The system <br />set forth in the permit represents the best engineered estimates of <br />operation, but in no way restricts the number of sections used, location <br />of sections or production tonnage to be produced in the permit area." <br />Any permit issued represents an approval of a specific operations plan, <br />including a proposed mine working configuration and a specific mining <br />schedule. The Division recognizes that timing variations may be caused by <br />conditions beyond the operator's control, and are appropriately the subject of <br />revisions. Mining within areas which might potentially impact renewable <br />resource lands or structures (See Map 25) are deemed appropriate topics for <br />revisions. In addition, the approved mine workings configuration and schedule <br />sequencing within such areas must be followed, unless an appropriate revision <br />has been approved, in advance, by the Division through the normal revision <br />process, However, it is impossible to predict the exact classification of a <br />revision request, until the submission is made by the app]icant. Mining <br />outside areas which might potentially impact renewable resource lands or <br />structures are excluded from such revision requirements. <br />The applicant observes, on page 2.05.3-i1R of the amended application: <br />"Due to uncertainties concerning marketing, economics, <br />and availability of the longwall system, Empire Energy <br />reserves the right to reemploy room and pillar mining at <br />any given time and any given location of the No. 5 and <br />No. 6 mines." <br />Because of the efforts necessary within the Eagle No. 6 Mine for initial <br />development, projected subsidence due to its underground workings will be <br />relatively limited during the initial five year permit period. However, there <br />can be different subsidence consequences from room and pillar mining methods <br />than for the projected longwall extractive methods. Therefore, the applicant <br />must submit a revision application prior to any amendment in the projected <br />extraction techniques, in order to determine the potential consequences for <br />the proposed change in extraction method. <br />With the above comments regarding revisions, the Eagle No. 5 and Eagle No. 6 <br />mine plan is in compliance with the regulations pertaining to the operations <br />plan. <br />XV. Explosives - Rules 2.05.3(3)(b) and-4.08 <br />Empire Energy Corporation is not proposing to conduct surface blasting in <br />their mining operation, and they have not addressed the requirements of this <br />section. Should Empire Energy Corporation need to conduct surface blasting in <br />the mining operation, the requirements of this section must be addressed and <br />submitted to the Division for approval. <br />-55- <br />