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Page 8 <br />Carol Russell <br />Rpril 8, I98I <br />"Surface coal mining operations conducted within the geographic <br />extent of an exemption are not required to comply with the requirements <br />of Section 114(2)(e)(I). In the case of Empire Ener~Ty, any surface <br />coal mining operations conducted within the specific geographic area <br />defined by the mine maps submitted to the Colorado D__vision of Mines <br />prior to August 3, 1977, as described above, are not required to <br />comply with the requirements of Section 1Z4(2)(e)(I),. <br />Since the exemption only applies to the requirements of Section 114(2) <br />(e)(I), exempted surface coat mining operations must meet all the <br />remaining applicable requirements of the Rct, regard~:ng protection <br />of hydrologic balance. Exempted operations must therefore satisfy <br />the requirements of Section 114(2)(c), Section 12Z(2)(i), and any <br />related performance standard requirements of Section 121. Non-exempted <br />operations, i.e., those surface coal mining operations not conducted <br />within the specific geographic area of exemption, mue;t satisfy the <br />requirements of Section lI4(2)(c), Section Z21(2)(i) any related <br />performance standard requirements of Section 121, ANP the requirements <br />of Section lI4(2)(e)(I). <br />To demronstrate compliance for surface coal mining operrations conducted <br />within the geographic area of exemption, Empire Energy must identify <br />and define the characteristics of the hydrologic regime in or adjacent <br />to the permit area, demonstrate how the proposed opez•ation has been <br />designed to minimize disturbance to the hydrologic balance within the <br />permit area, demonstrate how the proposed operation Y.as been designed <br />to prevent material damage to the hydrologic balance outside the <br />permit area, and demonstrate how the proposed operation has been designed <br />to prevent subsidence from causing material damage to the surface. <br />To demonstrate compliance for the surface coal mining operations not <br />within the geographic area of exemption, Empire Energy must: identify <br />and define the characteristics of all alluvial valley floors within or <br />adjacent to the permit area, demonstrate that the surface coal mining <br />operation would not interrupt, discontinue or preclude farming in the <br />alluvial valley floors or materially damage the quantity or quality of <br />surface or ground water systems; identify and define the characteristics <br />of the hydrologic regime in or adjacent to the permit area, demonstrate <br />how the surface coal muning operations have been designed to nunimize <br />disturbance to the hydrologic balance within the permit area, demonstrate <br />how the surface coal mining operations have been designed to prevent <br />material damage to the hydrologic balance outside the permit area; and <br />demonstrate how the operations have been designed to prevent subsidence <br />from causing material damage to the surface." (Letter from Edward <br />L. Bischoff to Andrew P. Schissler, dated February 4, 1981) <br />(cont'd) <br />