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Page 2 <br />Carol Russell <br />April 8, Z98I <br />4.6.2.7 State Highway 13 <br />State Highway I3 is subject to the monitoring requirementsa of Rule 2.05.6(6)(c). <br />Because of the potential hazard to the public the operator should develop <br />an operational inspection plan, as well as a contingency barricading and <br />repair plan for the state highway. <br />4.6.2.8 D6RGW - Colowyo Railroad Spur <br />The D&RGW - Colowyo Railroad Spur is subject to the monitoring requirements <br />of Rule 2.05.6(6)(c). Because of the possible environmeni:al consequences <br />of a derailment on the Yampa Rivez flood plain, the operator should develop <br />an operational inspection plan for the railroad spur. <br />4.6.2.9 Irrigation Ditches <br />The irrigation ditches which are planned to experience subsidence will <br />require regrading or re-alignment in order to maintain therir water distribution <br />function. The operator should prepare a plan to accomplish the necessary <br />repairs when they are necessary. <br />4.6.2.10 Alluvial Valley Floor <br />The status of Empire Energy's "Request for Affirmation of the Grandfather <br />Status" is, at this time, unresolved. As of February 4, 1981, the Division <br />had recognized that certain portions of the Eagle H5 and Eagle N9 coal mines <br />qualified for exemption. However, the Division also indicated that the <br />exact geographic extent of that exemption would have to be defined according <br />to the applicable standards. <br />" CRS 1973, 34-33-II4(2)(e)(II) allows an exemption from the requirements <br />of Section lI4(2)(e)(I) if, in the year preceding August 3, 1977, surface <br />coal mining operations either produced coal in commercial quantities <br />and were located within or adjacent to an alluvial valley floor, or, <br />had obtained permit approval to conduct surface coal mining operations <br />within an alluvial valley floor. The geographic extent of the exemption <br />must be limited to the actual extent of mine workings on August 3, 1977, <br />and adjacent Lands for which theze existed-.substantial~demons.trabZe <br />financial or regulatory corrunitment to mine in the future, as required by <br />Rule 2.06.8(5)(a)(i)(C) in the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining. Information used to define the <br />geographic extent of the exemption must be in the form of permits, <br />licenses, or other public documents filed prior to August 3, 1977, with <br />a:state, federal or local government agency, including, but not limited <br />to, mine maps submitted to the Colorado Division of Mines, mine plans <br />approved in accordance with 30 CFR 21I by :the United .States Geological <br />Survey, Mine Safety and Health Administration approval, Colorado Department <br />of Health Air or Water 4uaZity Permits, or other permits identifying either <br />a production schedule or an approved specific geographic area." (Letter <br />from Edward L. Bischoff to Mr. Andrew P. Schissler, d,sted February 4, 1981) <br />(cont'd) <br />