GENERAL46275 - Laserfiche WebLink

Home Browse Search

III IIIIIIIIIIIII III STATE OF COLORADO RICNARn D. LAMM. Govc moi 999 DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe, Executive Director MINED LAND RECLAMATION 423 Centennial Building,1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton Director July 2, 1982 TO: The Mined Land Reclamation Board ~ ~//~~ tr-~. FROM: Dan Mathews, Coal Staff Reclamation Specialist SUBJECT: Objection to Division's Proposed Decision to Approve a Permit for the Bear Coal Company No. 3 Mine - File No. C-033-81 On May 10, 1982, the Division issued a proposed decision to approve mining and reclamation operations at the Bear Coal Company No. 1, No. 2 and No. 3 underground mines located near Somerset, Colorado. The No. 1 and No. 2 mines are existing operations which have been run by the Bear Coal Company since 1934. Mining operations will cease at the Bear No. 1 and No. 2 mines this summer, as stipulated in agreements between Bear and ARCO, the surface owner and lease holder. The proposed Bear No. 3 mine entails the renovation of portals at the old Edwards (Clark) mine which has been abandoned since 1966. Mining operations began at that site in 1934, and continued under the ownership of various parties until its abandonment. Bear Coal Company proposes to utilize the existing access road to the surface facilities area at the No. 3 mine. The access road (the only existing access to the site) is within 300 feet of numerous occupied residences in the town of Somerset. Section 34-33-114 of the Act specifically precludes approval of a permit area within 300 feet of an occupied residence unless that prohibition is waived by the owner. On June 10, 1982, the Division received an objection to the proposed decision and a request for a formal hearing. The objection was filed by David and Esther Bradley of Somerset. The specific objections noted were as follows: 1) The land to be used for mine access to Colorado Highway 133 lies within 300 feet of the Bradley residence. 2) The roadway to be used for mine access to Colorado Highway 133 encroaches on the Bradley property. Bear Coal Company included a waiver form in the permit application which was signed by all affected residents of Somerset, including Mr. and Mrs. Bradley. The waiver form may or may not be valid, since it does not speak to the specific protection (the 300 foot buffer zone) which the affected residents were waiving.