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3. 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 Plo. 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 public if manifested on State Highway 13. The applicant should amend the text to reflect a more realistic failure consequence and to realistically discuss the potential significance of the worst possible subsidence consequence for normal use of State Highway 13, including discussion of the potential impact on transportation in the area and time required for repairs. As will be discussed in detail hereafter, under "Subsidence Control Plan", 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. The applicant must demonstrate a valid existing right to extract the coal or propose an acceptable relocation plan. In the event that the applicant demonstrates a valid preexisting right, then an acceptable subsidence control plan must be prepared. 4. The application states, on page 2.05.6(6)-14, that the railroad bed of the Colowyo and Empire Energy railroad spur is located outside the area of projected surface subsidence of the mines. Examination of T1ap No. 22, titled "Life of Mine Plan", and statements appearing later in the permit application documents, indicate that the railroad probably will be subsided by mining during periods after the initial five year permit term. The applicant should correct this statement. f=urther, reflecting the magnitude of surface lowering projected and the observed magnitude of cracking caused by previous longwall activity in the No. 5 mine, the applicant should include a realistic projection of possible consequences of subsidence for the railroad spur. The discussion should include a realistic projection of the hazards 'to train traffic, and the consequences of a derailment, if it were to occur. 5. The application states, on page 2.05.6(6)-14, that alit mining will be conducted so that no subsidence will affect the Yampa or Williams Fork rivers or their associated alluvial valley floors (AVFs). Map No. 22, entitled "Life of Mine Plan" depicts both development and full extraction underground mine workings in close proximii:y to or underlying these renewable resource lands. The applicant should provide sufficient information to clarify the statement that subsidence will not impact these renewable resource lands.