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e <br />ESPEY, HUSTON b ASSOCIATES, INC. <br />C J <br />information. Because site specific, precise data is not complete in geologic <br />geophysical azeas and changes are forseen in both the technological and economic <br />fields, the exact location and design of individual features of the proposed facilities <br />is open to review and change by Northern Coal. Northern realizes that any such <br />changes would require a review of their effects on the environment, and would do <br />such review and make such changes to the mitigation measures plans that such <br />review would dictate. These changed plans would then be submitted to the proper <br />regulatory agencies, as a modification to the approved permit. <br />This application is designed to satisfy the Permanent Regulatory <br />Program of OSM, the Colorado implementation program currently under review and <br />the USGS 211 regulations. However, NCC reserves the right to revise its pending or <br />approved application and/or its operations at such time that new or revised <br />regulations aze promulgated is response to court decisions or as a result of voluntary <br />• agency actions. The following is a list of regulation sections treated in recent court <br />decisions which appeaz applicable to NCC's proposed operation: <br />Section 701.5 -Definition of "mine plan area" requires operators to <br />supply information for areas outside permit boundary covering entire life of mining <br />operation. Term has also been suspended in parts 779, 780, 783 and 784. <br />Section 779.20 and 780.16 -Requires certain fish and wildlife informa- <br />tion in permit applications. The court remanded these sections because statutory <br />reference in the permit section of the statute was absent. <br />Section ?79.21 and 783.21 -Requires soil survey information for lands <br />not classified as prime fazmland. This section was remanded because such <br />information exceeds the requirements of Section 507 (b) (lb) of the Act which <br />requies a soil survey only "for those lands in the permit application which a <br />reconnaissance inspection suggests may be prime farm lands." <br /> <br />A-6 <br />