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RESPONSE: See response to Description of Worst Possible • Consequences No. 2 above. The applicant proposes to subside State Highway 13 during the life-of-mine of the Eagle No. 6 mine. No subsidence is projected to occur during the initial five year permit period. The applicant's proposal to subside State Highway 13 may not approvable under the regulations. Rule 2.07.6(2)(d)(iv) specifically prohibits surface coal mining operations within 100 feet, measured horizontally, of the outside right-of-way boundary of any public road, unless the applicant possesses a valid existing right as of February, 1977, or the applicant proposes to relocate the road. Ground surface subsidence resulting from underground coal mining constitutes a surface coal mining operation. Because the applicant does not propose to relocate State Highway 13 mining which would cause subsidence within 100 feet of the right-of-way boundary cannot be approved, unless the applicant demonstrates a valid • pre-existing right or proposes an acceptable relocation plan.. Assuming this apparent prohibition could be overcome, significant technical concerns would have to be resolved before any permission could be granted to undermine State Highway 13. The application states, on page 2.05.6(6)-13; "The worst possible consequence of life-of-mine subsidence on State Highway 13 would be a slight lowering of the grade and the development of surface cracking in the pavement." However, on page 2.05.6(6)-22, the applicant observes that surface lowering and cracking have been observed above existing longwall panels No. LW-1 & LW-2 in the No. 5 mine. Surface lowering has reached a maximum vertical magnitude of 4.8 feet, while surface cracks have reached widths of one foot with vertical offsets of up to one foot. Both of_these phenomena would represent significant hazards to the health and safety of the public, if manifested on State Highway 13. 39-30