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Richartl D. Lamm <br />Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Gelches, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTO N, Director <br />December 14, 1983 <br />Mr. W i 11 i aln A. Bear <br />Bear Coal Company <br />Somerset, Colorado 81434 <br />RE: Coal Haulage Road Technical Revision, File C-033-81 <br />Dear tor. Bear: <br />The Division proposes to approve the technical revision dated <br />November 21, 1983, with two stipulations. The revision cannot be <br />approved without the stipulations which require that the proposed fill <br />embankment slopes comply with the requirements of Rule 4.03.1(3)(d)(ix) <br />and a reclamation plan be submitted for the section of the existing road <br />• which will be abandoned. <br />The stipulations are as follows: <br />Stipulation No. 1: <br />PRIOR TO INITIATION OF ROAD CONSTRUCTION, THE PERraITTEE WILL SUBMIT <br />AND OBTAIN APPROVAL FOR A PLAN FOR EMBANKMENT CONSTRUCTION WHICH <br />MEETS THE REQUIRErENTS OF RULE 4.03.1(3)(d)(ix). <br />Stipulation No. 2: <br />PRIOR TO INITIATION OF ROAD COi1STRUCTI0r1, THE PERi~1ITTEE 'BILL SUBr-1IT <br />AND OBTAIN DIVISION AP PROUAL FOR A RECLaNATION PLAN FOR THE SECTION <br />OF THE EXISTING ROAD WHICH WILL BE ABANDOrJED. THE PLAN WILL <br />ADDRESS THE REQUIREMENTS OF RULE 4.03.1(7). <br />In the past, a certain amount of confusion has existed regarding <br />ownership of the existing access road. The Division's proposed decision <br />is based on information documenting that Bear Coal Company either owns or <br />has obtained legal right of entry for lands 'within the proposed permit <br />area to be affected by upgrading and construction. The approach to State <br />Highway 133 is owned by the Highway Department, is not within the permit <br />area, and is not subject to Mined land Reclamation review and approval. <br />The Division's proposed decision does not apply to the highway approach <br />• since it is outside the permit area. Thus, it falls within the <br />jurisdiction of the State Highway Department. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />