2009-05-22_GENERAL DOCUMENTS - C1981044

Home Browse Search

permit application. Three alluvial valley floors have been identified; the Williams Fork alluvial valley floor, the Yampa River/Big Bottom alluvial valley floor, and the Yampa River/Round Bottom alluvial valley floor. Alluvial Valley Floor Exemption Mining operations that, in the year preceding August 3, 1977, 1) produced coal in commercial quantities and were located within or adjacent to alluvial valley floors, or 2) obtained specific permit approval from the State to conduct surface coal mining and reclamation operations within an alluvial valley floor, are exempted under Rule 2.06.8(5)(a) from the alluvial valley floor provisions prohibiting mining in or adjacent to certain alluvial valley floors. On November 12, 1980, Empire Energy Corporation submitted a request to exempt their existing and proposed mining operations from these alluvial valley floor provisions. (See Exhibit 4 of the permit application.) After reviewing that submittal, the Division determined that both the Eagle No. 5 Mine and the Eagle No. 9 Mine were eligible for the exemption. Materials on file with the Colorado Office of Active and Inactive Mines ("Operator's Monthly Coal Report") indicate that coal was produced in commercial quantities from the Wise Hill No. 5 Mine (now called the Eagle No. 5 Mine) in the year preceding August 3, 1977. Specific permit approval was granted for the Wise Hill No. 9 Mine (now called the Eagle No. 9 Mine) by the Mined Land Reclamation Board on March 24, 1977. Stratigraphic extent of the exemption is limited to the actual extent of the mine workings on August 3, 1977, and adjacent lands for which there existed demonstrable financial or regulatory commitment to mine in the future. Mine maps on file with the Colorado Office of Active and Inactive Mines determine the geographical extent of the area exempted for the Eagle No. 5 Mine. The geographical extent of the area exempted for the Eagle No. 9 Mine was determined from the No. 9 Mine Projection Map dated August 1976 (Exhibit M of the November 1980 Alluvial Valley Floor Exemption request). Surface coal mining operations conducted within the geographic extent of the area eligible for the exemption are not required to comply with the requirements of Rule 2.06.8(5)(a)(i) and (ii). Operations eligible for the exemption, however, are required to restore the essential hydrologic functions of affected alluvial valley floors as a part of the reclamation plan. Williams Fork Alluvial Valley Floor The approximate boundary of the Williams Fork Alluvial Valley Floor is shown on Map 25 of the permit application. Presently, a local farmer hays the field to the north and south of the Eagle No. 5 and 6 surface mine facilities. To the south of the mine facilities is a hayfield east of the railroad tracks. To the north of the mine, there are hayfields surrounding the train scale and paralleling the railroad track spur. These hayfields are flood irrigated by the farmer and BTU EC. The Worthington Ditch (owned by BTU EC) provides water to the hayfields. The essential hydrologic function of this alluvial Eagle Mine Complex 36 Permit Renewal 05 C-1981-044 May 22, 2009