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<br /> <br />The partial approval decision is based on a finding that the operations <br />recommended for approval will comply with all requirements of the Colorado <br />Surface Coal Mining Reclamation Act, C.R.S. 1973, 34-33-101 et s~eg , and the <br />regulations promulgated thereunder. Findings of compliance ~r tie Eagle No. <br />9 Mine cannot be made in sections of the findings document addressing the <br />Probable Hydrologic Consequences, Alluvial Valley Floors, and Subsidence. For <br />these reasons, the Division is not approving any additional mining in the <br />Eagle No. 9 Mine at this time. Review of the Eagle No. 9 Mine will continue <br />under the procedures prescribed in the Colorado Surface Coal Mining <br />Reclamation Act. <br />The stipulations for the Eagle No. 5 and No. 9 Mines are as follows: <br />1. IF PREVIOUSLY UNAPPROVED SURFACE DISTURBING ACTIVITIES ARE NECESSARY, <br />THE DIVISION DIRECTS EMPIRE ENERGY CORPORATION TO SUBMIT A REVISION FOR <br />APPROVAL BY THE DIVISION INCORPORATING A JUSTIFICATION AND MAPS SHOWING <br />THE PROPOSED DISTURBANCE PRIOR TO THE COMMENCEMENT OF THESE ACTIVITIES. <br />SHOULD THE PLANNED ACTIVITY BE LOCATED IN AN AREA WHICH HAS NOT BEEN <br />PREVIOUSLY SURVEYED, AN INTEiVSIVE CULTURAL RESOURCES INVENTORY (TOTAL <br />GROUND SURVEY) MUST BE CONDUCTED BY A QUALIFIED PROFESSIONAL <br />ARCHAEOLOGIST AND THE RESULTS SUBMITTED TO THE DIVISION FOR REVIEW AND <br />APPROVAL. <br />2. WITHIN 30 DAYS OF PERMIT ISSUANCE THE DIVISION DIRECTS EMPIRE ENERGY <br />CORPORATION TO SUBMIT TO THE DIVISION COPIES OF COMPLETE LABORATORY DATA <br />FROM THE EAGLE N0. 5 MI(VE SUMP STUDY AND AN ANALYSIS OF THE DATA. THE <br />ANALYSIS OF DATA SHALL INCLUDE A DESCRIPTION OF TRENDS WITH TIME IN <br />SOLUBLE SALTS, TOXIC METALS, TDS, ELECTRO-CONDUCTIVITY AND pH <br />CONCENTRATIONS. <br />3. FOR THE EAGLE IVO. 9, THE DIVISION DIRECTS P1INE EMPIRE ENERGY CORPORATION <br />TO CONDUCT MINE INFLOW STUDIES FOR ALL ACTIVE OR UNSEALED UNDERGROUND <br />COAL MINE WORKINGS. AIVIVUAL INFLOW STUDIES SHALL BE CONDUCTED FOR EACH <br />ACTIVE OR UNSEALED MINE IN THE MONTH OF JUNE, AtVD THE RESULTS OF EACH <br />INFLOW STUDY SHALL BE SUBMITTED TO THE DIVISION BY THE FIRST OF AUGUST <br />OF THE SAME YEAR. THE MINE INFLOW STUDIES SHALL INCLUDE: <br />A) THE MAPPING OF EACH POINT SOURCE INFLOW (I.E. FAULTS, FRACTURED <br />ROOF, FRACTURED FLOOR, EXPLORATION DRILL HOLE, ETC.) ANU EACH AREA-WIDE <br />INFLOW (I.E., DRAINAGE FROM SEALS TO ABANDONED MINE WORKINGS: AREAS OF <br />WEEPING COAL FACES, ROOF, OR FLOOR, ETC.) ON UP-TO-DATE MINE WORKINGS <br />MAPS; <br />B) THE MONITORING OF ALL MAPPED INFLOWS FOR FLOW RATES, pH, <br />ELECTRO-CONDUCTIVITY AND TEMPERATURE; AND <br />C) THE PRODUCTION OF TABLES OF ALL INFLOWS MAPPED WITH DATA ON THEIR <br />FLOW RATES, pH'S, ELECTRO-CONDUCTIVITIES AND TEMPERATURES; AND THEIR <br />SOURCE (I. E., FAULTS, FRACTURES, DRAINAGE FROM SEALS, ETC.). <br />IF THE DISCHARGE IN THE EAGLE NO. 5 MINE EXCEEDS 20Y OF THE ANNUAL <br />PROJECTED DISCHARGE THE STUDY OUTLINED ABOVE SHALL BE CONDUCTED AND A <br />REPORT SUBMITTED WITHItB 90 DAYS. <br /> <br />