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' ` ~ STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of NaN21 Resources <br />7313 Sherman St., Roam 215 <br />Oenver, CO 80203 <br />303 866.3567 <br />FAX: 303 832-8106 <br />February 1, 1991 <br />Mr. John Spangler <br />Garfield Citizens' Alliance <br />Box.lll <br />Silt, CO 81652 <br />Re: Eastside Mine - File No. C-84-063 <br />Dear Mr, Spangler: <br />ti~ OF COQ <br />-~~la <br />w! <br />•~• <br />re'!6 <br />.\ <br />This letter is in response to your letter of January <br />outlined a number of concerns the Garfield Citizens' <br />Eastside Mine. We have addressed each of the items <br />below. <br />~~ <br />1~1 <br />Item 1: - Status of Garfield County Special Use Permit <br />Based on a telephone conversation with Mr. Mark Bean of the Garfield County <br />Planning Department, as well as discussion with Mr. Steve Self of Eastside <br />Coal Company, our understanding of the county permit status is as follows. <br />A county Special Use Permit for the Eastside Mine was never actually issued, <br />although a conditional Resolution of Approval was issued by the Garfield <br />County Commissioners on March 18, 1985. Garfield County has taken the <br />position that the Resolution of Approval constituted a defacto Special Use <br />Permit, which would have expired March 18, 1990. Eastside Coal Company <br />(Eastside) has contested this determination, contending that the Special Use <br />Permit was never issued and that operations to date have been conducted as a <br />"pre-existing non-conforming use." Both Garfield County and Eastside agree <br />that there presently is no Special Use Permit in effect for the Eastside Mine <br />and Mr. Self has indicated that Eastside intends to apply fora new Special <br />Use Permit. <br />Mr. Bean has indicated that Eastside has every right to apply fora new <br />Special Use Permit and that the county has imposed no specific time <br />limitations on Eastside to either apply for and obtain a Special Use Permit or <br />initiate reclamation. Eastside may have the authority to operate the mine on <br />a very limited basis as a "pre-existing non-conforming use" but the county has <br />not made a final decision on this matter. <br />