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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />February 1, 2005 <br />Daniel Bear <br />Bear Coal Company, Inc. <br />17036 Opal Hill Drive <br />Parker, CO 80134 <br />RE: Bear No. 3 Mine, Permit No. C-1981-033, Bear Coal Company <br />Phase One Bond Release Application No. 3 (SL-3), Request For Partial Release <br />Dear Mr. Bear: <br />COLORADO <br />DIVISION OF <br />MIN SRALS <br />GEOLOGY <br />RECLAMATION•MINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division has received Bear Coal Company's (BCC) request for a modification to the Bear No. 3 Mine <br />Phase One bond release application (SL-3) that is currently under review. The request came in a letter dated <br />January 15, 2005 from Jim Stover, the consultant for BCC. In this request, BCC is proposing to limit the scope <br />of SL-3 to include only structural demolition and disposal, thereby excluding backfilling and grading operations <br />from bond release consideration at this time. BCC states that, with the release of this bond money for the <br />structural demolition and disposal, money would be available for the resolution of additional bond release <br />issues. <br />After careful consideration, the Division has decided to deny BCC's request to modify 5L-3 from a Phase One <br />bond release to a partial Phase One bond release. The Division's decision is based on information concerning <br />events at the Bear No. 3 Mine that have recently come to light that affect the reclamation liability at the site. <br />The Division's adequacy review letter dated August 20, 2004 detailed these additional tasks. As of the date of <br />this reply letter, no work on these additional tasks have been performed at the Bear No. 3 Mine. In addition, the <br />costs of some of these reclamation tasks are not known at this time. Therefore, the Division believes that it <br />would be inappropriate to release any reclamation bond without a complete accounting of the reclamation cost <br />liability remaining at the site. Also, the Division can not release bond money so that the operator can perform <br />further reclamation tasks. <br />If you have questions or need additional information, please contact me. <br />Sincerely, <br />J seph J. ash <br />nvironmental Protection Specialist <br />cc: William Bear (Bowie Resources) <br />Jim Stover, P.E. (J.E. Stover & Associates) <br />c:/word/bear3/sl3partrellet 1 <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />