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• PUBLIC PARTICIPATION -OPERATING WITHIN 100 FEET <br />OF A PUBLIC ROAD - RULE 2.07.6.6(2)(d)(iv) <br />The Bear Coal Company has received written approval from the Colorado <br />Highway Department for use of the existing access road and <br />transportation of the coal. This written approval is attached for <br />review by the Division. <br />With removal of the coal conveyor system from the permit application, <br />the Bear Coal Company will not require a public hearing for the purpose <br />of determing whether the interests of the public and affected landowners <br />will be protected by the proposed operation. The only area where the <br />proposed permit area comes within 100 feet, measured horizontally, of <br />the outside railway of the State Highway 133 is where the mine access <br />road joins the right-of-way line. As mentioned earlier, if the Bear <br />Coal Company decides to continue with a coal conveyor system passing <br />over the North Fork to the Gunnison River, then the Bear Coal Company <br />• will work with the Division to provide an opportunity for a public <br />hearing in Somerset regarding the planned activities. <br />• <br />-53- <br />