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five (5) year permit term, to comply with Rule 2.05.2 of the Rules <br />• and Regulations of the Colorado Mined Land Reclamation Board, <br />Pursuant to the Colorado Surface Coal Mining Reclamation Act <br />34-33-101 et seq. Empire Energy Corporation is fully cognizant of <br />the restrictions of any new operations undermining streams or AVF <br />systems, prior to receiving approval of such activities from the <br />CMLRD and appropriate Federal agencies. <br />j. NPDES - Proof of filing for the additional discharoe of the No. 6 <br />Mine must be submitted. <br />RESPONSE: Amendment to include discharge from the No. 6 Mine <br />within the present NPDES permit has been included within Exhibit 2. <br />k. Exhibit 4 - AVF Exemption Requirements - Any follow up <br />correspondence or comments from OSM and/or Empire need to be <br />• included in this section. <br />RESPONSE: Exhibit 4 has been revised to include additional <br />correspondence from CMLRD and OSM. <br />1. Exhibit 11 - Water Rights - This section should be updated to <br />include water rights to-date. This information will be required <br />prior to the Division's development of the Cumulative Hydrologic <br />Impacts study. <br />RESPONSE: Exhibit 11, Water Rights has been revised to address <br />this issue. <br />m. Appendix 24 - Williams Fork Strip Pit Reclamation Plan - Jim <br />Pendleton in his enclosed memo addresses the issues of the newly <br />• proposed topography perhaps not approximately AOC. An associated <br />39-13 <br />