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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. Chimney Rock Coal obtained approval to relocate a portion of the State Highway immediately adjacent to its surface pit at the Martinez Strip, south of Pagosa Springs. The adjoining angering activities, which were not projected to cause significant damage to the pre-existing roadway, resulted in the complete disintegration of the aspha ltic road surface. Had the company somehow obtained approval to retain the roadway in its original location, the roadway would have required complete reconstruction, in any case. In the event that the operator were to propose relocation of State Highway No. 13 to an area previously undermined, a demonstration would have to be completed to ensure the stability and safety of the relocated highway. The applicant would have to demonstrate that subsidence had ceased in the proposed roadway allignment, or that the design would withstand projected movement. In any case the relocation would have to be the subject of appropriate public notice and public hearing. Further, concurrence would have to be obtained from the Colorado Highway Department, prior to approval from the Division. In the event that the applicant were to resolve the prohibition, it will then have to demonstrate that the undermining can be conducted without subjecting the public to hazard. Hazards will be construed not only as immediate injury on a disrupted roadway, but include such indirect results as disruption of emergency services for fire, ambulance and police coverage. The applicant will have to demonstrate that these hazards can be mitigated during subsidence occurrence and that the road can be adequately rehabilitated to return it to the condition it would have been in had subsidence not occurred. Further, concurrence would have to be obtained from the Colorado Highway Department, prior to approval from the Division. 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 for the initial five year mine plan. The applicant states, however, as depicted on Map No. 22, entitled "Life of Mine Plan", that the railroad will be subsided by mining after the initial five year permit term. The applicant observes that it intends to develop an appropriate monitoring program. Further, if the monitoring indicates that subsidence is impacting the railroad spur, the operator will notify the railroad and appropriate agencies, and effect immediate repairs. As discussed hereabove, under "Description of Worst F~ossible Consequences", the applicant must develop a realistic projection of possible consequences of subsidence for the railroad spur. The discussion should include a realistic projection of t:he consequences of a train derailment to train traffic, the environment, and public health and safety. It would appear appropriate for the applicant to obtain concurrence from the Denver and RioOrande Western railway company for any subsidence control plan it develops.