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-13- <br />For this operation, private mineral estate has not been severed from private <br />surface estate. The operation does not involve surface coal mining <br />activities. Therefore, the documentation specified by Rule 2.03.6(2) is not <br />required (see Rule 2.07.6(2)(9)). Coal to be mined during the permit term is <br />in Federal Lease No. D-052501 and C-0117192. Federal Coal Lease D-052501 is <br />leased to Anchor Coal Company and subleased to Bear Coal Company. Atlantic <br />Richfield (ARCO) is holder of the adjacent lease (C-0117192). This lease will <br />be transfered to Bear Coal Company prior to any mining activity. ARCO and <br />U.S. Steel are the owners of areas affected by the surface facilities of the <br />Bear No. 1 and No. 2 Mines. ARCO and Anchor Coal Companies are the owners of <br />the area affected by the surface facilities of the Bear No. 3 Mine. <br />II. Land Use - Rues 2.04.3, 2.05.5 and 4.16 <br />Pre-mining land use in the 19-acre surface disturbance area associated with <br />the Bear No. 1 and No. 2 portals and surface facilities, the 8-acre <br />Bear No. 3 Mine, and the adjacent areas, was primarily wildlife habitat. <br />Limited residential use occurred at the Bear No. 3 site. Small areas <br />designated as cropland are located along the North Fork at the mouth of <br />Sylvester Gulch, immediately to the east of the Bear No. 1 portal area and <br />below the mouth of Gribble Gulch approximately 1 1/2 miles down river from the <br />town of Somerset. <br />A land use map is provided as Map No. 8 in the application. Pre-mining land <br />uses are discussed on pages 23-28 of the Bear No. 1 and No. 2 portion of the <br />application and 2.04.2-2.04.6 of the Bear No. 3 portion of the application. <br />Post-mining land use is discussed on pages 16-78 of the first portion of the <br />application and pages 2.05.45-2.05.46 of the second portion of the application. <br />Operations conducted by Bear Coal Company at the Bear No. 1 portal began in <br />1934 and continued until June 1982. The portal and haul road for the Bear No. <br />2 Mine were constructed in 1980 and used until June 1982. Mining activity <br />also began in 1934 at the Bear No. 3 portal (the old Edwards portal). This <br />mine was operated by various owners until it was closed in 1966. Two vacant <br />houses and several small storage sheds were located on the proposed surface <br />facility site. The houses are used as office space by Bear Coal Company. <br />The approved post-mining land use for the Bear No. 1 and No. 2 facilities area <br />is wildlife habitat. The land affected by the Bear No. 3 portal and surface <br />facilities area will be returned to its past use - undeveloped land providing <br />wildlife habitat and limited residential use. <br />There was some confusion with respect to the details of the reclamation plan <br />and proposed post-mining land use for the Bear No. 1 and No. 2 portals and <br />facilities area. The applicant had indicated that portions of the disturbed <br />area "might be retained for a future industrial site" and that ARCO, the <br />surface owner, "may want to retain surface facilities of the Bear Mine". In <br />the adequacy letter of January 18, 1982, the Division stated that Bear Coal <br />Company would be responsible for temporary vegetative stabilization of the <br />area to be occupied by ARCO's freshwater pond and that if any areas other than <br />the proposed freshwater pond would not be reclaimed to wildlife habitat as <br />described in the application, those areas would have to be specified and <br />