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~'~ <br />United States Department of the Interior <br />OFFICE OF SL'RF,:CE MINING <br />Reclamation and Enforcement <br />BROOKS TO~tiERS <br />t02~ lSTH STREET <br />DENVER, COLD R.IDO 30202 <br />June 18, 1922 <br />'QEi•10RANDUi4 <br />T0: James J. Harris, Director, OSt4 <br />FROM: Allen D. Klein, Administrator, OSii, 41TC <br />SUBJECT: Supplemental Recommendation for Sear Coal Company's Sear ~1, ~2, & <br />~3 i4ine, Gunnison County, Colorado (Federal Lease Numbers D-052501, <br />D-044569, & C-011792). <br />A last minute objection I.ras raised by a business owner regarding the variance <br />granted Sear to operate a mine within 300 feet of a dwelling. <br />1) Objection filed with state challenging the 300 feet "Findings" in a <br />technicality (see finding page 3, 4-e) <br />2) State hearing on the matter will not 'oe held for at least 20 days <br />~ from today but within 30 days. <br />3) Possibly state may issue the permit granting temporary relief to <br />allow work to proceed on the mine but not within 300 feet of the bus- <br />iness until the problem is resolved. <br />Since the objection is a technicality regarding the •,vaiver obtained from land- _ <br />o~.mers residing within 300 feet of alnich the above business o~rrner signed, the <br />4fTC recommends that because of the late hour, the fallowing stipulation be <br />added to the permit on page 7 as stipulation number 16. <br />Bear Coal Company will not operate within 300 feet of the dwelling indicated' <br />in the objection raised with the Colorado :",ine Land Reclamation Division <br />(CMLRD) until the questions are satisfactorily resolved. <br /> <br />i. I II <br />