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Response: Empire submits that cracks in sandstone outcrops are relatively common natural features,
<br />often in steep or near-vertical areas, that are generally avoided by both livestock and wildlife, and which
<br />would be readily visible to hunters or other individuals using the area. The proposed mitigation measures
<br />for cracks in natural rock would require additional disturbance for equipment access and would probably
<br />not be effective in the long-term, since cracks often serve as natural conduits for surface drainage, tending
<br />to wash any artificial fill material out of the cracks. Empire agrees with the CDMG's assessment that
<br />subsidence holes should be filled-in to eliminate potential hazards. Empire will fill, compact, and reseed
<br />the identified Feature Nos 5 and 17 (hole only) in conjunction with planned site activities during the next
<br />year, so long as the features are within areas where right-of-entry and access are not disputed.
<br />3. An open steel-cased drillhole (Feature No. 12 from the November 18-19, 2004 inspection) was
<br />located within the NW'/a S r/a Sectioir 31, T6N, R91 W, at apt approximate elevation of 6,277 feet. This
<br />hole is open to a depth of 14.5 feet from the open collar. This hole was located near the State of
<br />Colorado property corner that tis nutrked with a metal survey marker. RAG-EC/BTU-Empire will
<br />need to cut the steel casing and fill the remaining hole to comply with Rule 4.07.3. A second hole
<br />(Feature No. 13 from the November 18-19, 2004 inspection) measuring approximately 2.5 feet deep
<br />and 1.5 feet in diameter, was located adjacent to the State of Colorado property line within the NW'/a
<br />S4V~/a Section 31, T6N, R91W, at an elevation of 6264 feet. This hole needs to be filled as well.
<br />Response: To the extent that the identified drillhole and open hole are within areas where right-of-entry
<br />and access are not disputed, Empire will cut-off the casing, and plug and seal the drillhole in compliance
<br />with approved drillhole reclamation plans, and backfill, compact, and reseed the open hole. These
<br />activities will be completed in conjunction with planned site activities during the next year.
<br />4. Several structures were observed during the liability release inspection on November IS mrd 19, 2004
<br />that were not identified on the Eagle Mi~ie Complex permit entitled "Map 25: Structures and
<br />Renewable Resources". These include: Feature No. 4, reportedly an old air monitoring station,
<br />located in W~/z of Section 31, T6N, R91W; a reported cellular communications tower, located in NEB/a S
<br />1/a of Section 35, T6N, R92W,' a possible railroad communications structure located immediately
<br />adjacent to tDte cell tower; and a power line that provides power to the cell tower and the railroad
<br />structure. As all structures need to be identified on a map (Rule 2.10.3(1)(e)), please revise Map 25 to
<br />include these structures (and any other structures existing on tDre ground that are not currently
<br />identified on the map).
<br />Response: With the clarification that the noted structures are not mining-related structures and facilities,
<br />were constructed and are owned and utilized by others, and that Empire bears no responsibility or liability
<br />for these structures, Empire has added these structures to Map 25, copies of which accompany these
<br />responses.
<br />5. RAG-EC/BTU-Empire needs to revise its permit for the Eagle Mine Complex to provide a description
<br />of the reclamation plcur for dte air monitoring station. RAG-EC/BTU-Empire also needs to revise its
<br />permit to identify who is responsible for the maintenance and reclamation of the cellular
<br />communications tower and the railroad communications structure.
<br />Response: As noted in the previous response, the air monitoring station, cellular communications tower,
<br />and railroad communications structure were constructed, are owned, and were or are utilized by others.
<br />The air monitoring station, located on State surface, was operated by Tri-State and is no longer active. It
<br />.is assumed that any required reclamation for this facility is addressed by a surface use or easement
<br />agreement between Tri-State and the State of Colorado. Similarly, the cellular communications tower,
<br />owned and operated by Union Cellular is located on fee land, owned by Lorence and Raeola Ellgen and is
<br />Liability Release Response- No. 3 2 12/07/05
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