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<br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />BROOKS TO~~ ERS <br />1020 15TH STREET <br />DENVER, COLOR.+.DO 80202 <br />June 18, 1982 <br />MEi40RANDUM <br />T0: James J. Harris, Director, OSM <br />FROM: Allen D. Klein, Administrator, OS~i, WTC <br />SUBJECT: Supplemental Recommendation for Bear Coal Company's Bear #1, #2, & <br />#3 Mine, Gunnison County, Colorado (Federal Lease Numbers D-052501, <br />D-044569, & C-011792). <br />A last minute objection was raised by a business owner regarding the variance <br />granted Bear to operate a mine within 300 feet of a dwelling. <br />1) Objection filed with state challenging the 300 feet "Findings" in a <br />technicality (see finding page 3, 4-e) <br />2) State hearing on the matter will not be held for at least 20 days <br />• from today but within 30 days. <br />3) Possibly state may issue the permit granting temporary relief to <br />allow work to proceed on the mine but not within 300 feet of the bus- <br />iness until the problem is resolved. <br />Since the objection is a technicality regarding the waiver obtained from land- <br />owners residing within 300 feet of which the above business owner signed, the <br />WTC recommends that because of the late hour, the following stipulation be <br />added to the permit on page 7 as stipulation number 16. <br />Bear Coal Company will not operate within 300 feet of the dwelling indicated <br />in the objection raised with the Colorado iline Land Reclamation Division <br />(CMLRD) until the questions are satisfactorily resolved. <br /> <br />