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r'~ United States Department of the Interior OFFICE OF SURFACE \4INING Reclamation and Enforcement BROOKS TO~YERS 10:0 13TH STREET DENVER, COLORADO 5020? June 17, 1982 MEi•10RANDUPI To: Assistant Secretary for Energy and fhinerals From: Director, Office of Surface '9ining Subject: Recommendation for Bear #1, ;2, Z ;3 Mine Plan, Gunnison County, Colorado (Federal Lease D-052501, D-044569, and C-0117192) Pursuant to 30 CFR 741.12(d), 1 am advising you the Office of Surface t•lining (OSiM) is prepared to approve a permit for the Bear ~1, ~2, & ~3 Mine. My decision to approve Bear Coal Company's application for a permit under the Federal Lands Program is based on the applicant's complete permit application, with the attached stipulatons, public participation, and the review and pro- cessing of the application by OSt4 and the Colorado t4ined Land Reclamation Di- vision as required by 30 CFR Chapter VII, Subchapter D and the approved Color- ; ado State Program and compliance with the National Environmental Policy Act. I adopt the Administrator's recommended decision, which includes the findings required by 30 CFR 741.17. Accordingly, I am prepared to issue the attached permit if your decision on the mining and reclamation plan is favorable. The update plan that includes Bear r3 was submitted on Plovember 12, 1931 with supplemental information submitted in February and i4arch, 1982 comprising 1 through 4 volumes summarized herein. These volumes and ad dendums are on file in OSM's Western Technical Center. Issuance of the permit, together with this memorandum and the contents of the attached regional recommendation package, will constitute my final decision under 30 CFR 741.21(a)(5). Under 30 CFR 787.11, my final decision may be appealed to the Office of Hearings and Ap- peals. i recommend that the mining plan, updated as of ilarch 19, 1982 by Bear Coal Company, be approved. Attachments I concur: Assistant Secretary for Energy and Minerals r Date