2009-03-04_GENERAL DOCUMENTS - C1981033

• Permit No: C1981033
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 3/4/2009
• Doc Name: Permit Issues
• From: Sandy Brown
• To: Dave Berry
• Permit Index Doc Type: General Correspondence
• Email Name: DAB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
TO: Dave Berry ;
FROM: Sandy Brown
DATE: March 4, 2009"
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
RE: Issues at Bear No. 3 Mine Ronald W. Cattany
Division Director
The Bear No. 3 Permit, C-1981-033, expired on July 19, 2007 and the permit renewal r Natural emains Resource Trustee
outstanding. They do have the right of successive renewal. The main obstacle to renewal is that
Bear Coal Company (BCC) does not have the financial resources to increase their bond. The
current bond held is $160,000.00; the most recent cost estimate calculated the bond at
$279,224.00.
To overcome this situation, BCC submitted a bond release request in 2003. The application was
withdrawn, at the Division's request, because of outstanding concerns with on-the-ground issues.
Bear is slowly addressing some of these concerns. BCC has completed quite a bit of
reclamation, the eastern hillside at the mine is backfilled, graded, stable, topsoiled and well
vegetated.
I would like to summarize the situation and get your concurrence on a course of action.
Existing on the around issues
Remaining structural demolition - concrete pad from office foundation, decommission septic
tank, dismantle and dispose of power poles, transformers and wires; remove and dispose of
fence; dispose of any remaining debris.
Revegetate facilities area - reseeding will be necessary upon completion of structural
demolition.
Coal mine fire - BCC contends it is not related to the Bear No. 3 mine; it originated in the
abandoned Edwards Mine. After Steve Renner investigation on October 27, 2003 the Division
does not have enough evidence to concur with this nor to consider the mine fire a pre-law
situation. It appeared that the underground mine fire may be located within a mine that was
active subsequent to enactment of SMCRA and therefore ineligible for funding or remedial work
by the IMP. Therefore, BCC has been requested to manage/implement safety measures to
protect from the surface effects of the mine fire. Some of these have been implemented and will
require on-going supervision.
`Spring' water and treatment pond - Source of water is unknown, however high temperatures
indicate it may be flowing through the burning seam. In May 2005, CDPHE allowed BCC to
discontinue their NPDES monitoring for the spring which was retracted a month later. Since then
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