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Empire Energy Corporation has submitted semi-annual subsidence monitoring <br />reports in conformance with the existing permit for the Eagle Mines. These <br />monitoring reports have included surveying results for the entire Monument <br />Series A through E, K, 0 through S, and single Monument #F-1, Tocated above <br />the North Main slope of the Eagle No. 9 mine in the immediate vicinity of <br />State Highway 13. As discussed above, the results of this subsidence survey <br />monitoring have provided considerable insight into the character of observed <br />subsidence at the Eagle mine complex. In general, observed subsidence above <br />partially extracted areas has exceeded analytical projections, while maximum <br />vertical subsidence above retreat pillared areas has been less than that <br />originally predicted. <br />The Division finds the Eagle Mines in compliance with this section. <br />XXIII. Special Categories of Mining - Rules 2.06 and 4.22 through 4.29 <br />At the Eagle Mines complex, the applicable special categories of mining are a <br />request for variance for delay in contemporaneous reclamation and support <br />facilities not located within the permit area. These are discussed separately <br />below. <br />A. Variance for Delay in Contemporaneous Reclamation Requirement in Combined <br />Surface and Underground Mining Operations <br />During the previous permit's period, Empire Energy Corporation requested and <br />received approval for a variance in contemporaneous reclamation requirements <br />for the combined surface and underground mining operations for a pit in the <br />Williams Fork Strip Mine No. 2. It was frrom the highwall of the existing <br />surface mine pit that the applicant proposed to construct a second set of <br />portals into the Eagle No. 9 mine underground workings. In March of 1985 the <br />applicant ceased mining within the No. 9 Mine. <br />As a portion of this amended permit application, the applicant requests an <br />amendment to the currently approved post-mining topography of the Williams <br />Fork Strip Pit No. 2. A proposed post-mining topography was approved as a <br />portion of original Permit C-81-044. The approved configuration requires the <br />regrading of approximately 240,000 cubic yards of spoil. The applicant was <br />allowed to postpone final grading, because the installation of a second set of <br />portals for the No. 9 Mine was proposed at this location. The applicant's <br />proposed reconfiguration of the post-mining topography for the pit requires <br />the regrading of approximately 40,000 cubic yards of spoil and results in a <br />valley form considerably more steeply sloped than the approved epnfiguration. <br />As a portion of its preliminary adequacy review, the Division questioned <br />whether the amended topographic configuration compliments the natural <br />character of the area. <br />The applicant responded to the Division's adequacy concerns, as included <br />within Exhibit 39 to the amended application, stating: <br />-66- <br />