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• TO: BOCC FROl~i: Planning Commission (staff Steven Weatbay) RE: Recommendation for Sear Coal to reconfigure the permit boundary, obtain a release of liability and extend the operations duration DATE: December 16, 1994 At their regular meeting on December 16, 1994, Mark Schumacher moved, Les White seconded, and the Planning Commission unanamiously approved the following recommendation. PROJECT DESCRIPTION: The Bear Coal Company applied to reactivate the permit boundary to the south and east of its Bear No. 3 mine, which will increase the life of the mine. This action will extend the mining operation five years beyond its present permitted life, which means the mine will operate for approximately seven more years. Bear mine proposes to reduce the subsidence monitoring performed at Bear No. 3, as well as obtain a release of liability for some of the permit area associated with Bear No. 1 and 2. The Colorado Division of Minerals and Geology (CDMG) indicated that Bear Coal has applied (phone conversation on 12-8-94 between Gunnison County Planner Steven Westbay and Tony Waldron (CDMG)) to reduce the permitted mining area and obtain a liability release associated • with this action and expand operations into coal seam B in an area where coal seam C was previously mined. Tony Waldron (CDMG) noted that the action should not impact surface water, and mining will occur in an area where "renewable resources" will not be impacted. Waldron noted this seam B mining area may underlie an ancient landslide. If the State determines that mass movement may be a potential problem they will require monitoring to determine if slope movement is reactivated. This permit by Bear Coal will not change the present operations in terms of number of employees, surface operations, additional facilities, or additional traffic. A technical revision of the Bear permit proposes to discontinue subsidence monitoring in two different circumstances. Bear Coal proposes to stop monitoring in areas where no mining activity has occurred within the past two years. They also propose to cease subsidence monitoring in areas not considered to have renewable resources. The CDMG definition of "renewable resource lands" is as follows: "Renewable resource lands means aquifers and areas for the recharge of aquifers, areas for agricultural or silvicultural production of food and fiber, and pasturelands." Under the Colorado State Mined Coal Lands regulations, Bear Coal is not responsible for monitoring subsidence in areas that are not considered "Renewable resource lands." Bear Coal will continue monitoring in those areas with existing slope stability monitoring. • Bear Coal is reactivating mining within the NE1/4, Section 20 1