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iii iiiiiiiiiiiii~iii 999 DEPARTMENT OF NATURAL RESOURCES David H. Gelches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SNELTO N, Director Richard D. Lemm Governor T0: Bob Liddle and Jim Pendleton FROM: Ed Bischoff / r~ RE: Permit Area as it Relates to Subsidence DATE: November 2, 1983 After our meeting yesterday with Dorchester, I checked the regs concerning the need to permit areas that may be affected by subsidence. The definition of "permit area" (1.04 89) requires us to include "all areas of land which are or will be affected by surface coal mining and reclamation operations." Since the definition of surface coal mining operations includes the surface effects of underground mines, it seems clear that the regs require areas potentially affected by subsidence to be in the permit area. This being the case, Dorchester permit area needs to include areas within the angel of draw, until such time as Dorchester can demonstrate that the surface will not be affected by subsidence. An interesting note here is that the right of entry requirement is contingent upon surface coal mining operations in the permit area. The point Dorchester made yesterday is an interesting one, however. It focused on the circumstance that if there are lands within the angle of draw with no renewable resources or structures, then why should the Division be concerned with protecting such lands (ie. having them within a permit area). This issue raises some interesting questions. For example, in the instance where no renewable resource lands or structures exist, and subsidence occurs to the extent that it results in surface disturbance, would we require the operator to repair that disturbance and perhaps even bond for it? If so, how are we going to monitor if such disturbance is occurring and if it results in some hazard or diminution of the surface? If not, why include such areas in the permit area? We should consider how to answer these questions in the future. /th Doc. No. 6727 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567