2009-06-22_GENERAL DOCUMENTS - C1981033 (2)

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canyon in the vicinity of the Bear No. 3 Mine widens into a broad alluvial valley in the vicinity of Paonia. The tableland to the south of the North Fork is deeply dissected by tributary streams, and is bounded on the south and east by the West Elk Mountain Range. Land Use - Rules 2.04.3, 2.05.5 and 4.16 The Bear No. 3 Mine portal and facilities area was undeveloped land prior to mining disturbance in 1934. The Edwards Mine was developed at the site of the current Bear No. 3 portals in 1934. The Edwards Mine was operated by several operators until the mine went into bankruptcy in 1966. The current facilities area site involved limited residential use until the opening of the Bear No. 3 Mine in 1982. The area above the workings was, and is, wildlife habitat. Small areas designated as cropland are located along the North Fork of the Gunnison River including just below the mouth of Gribble Gulch, approximately 1'V2 miles downstream of the town of Somerset and the Bear No. 3 Mine. Post-mining land use information for the Bear No. 3 Mine is located in Sections 2.05.5 and 4.16 and on Map 8 of the permit application. The proposed post-mining land use for the Bear No. 3 Mine is consistent with the pre-mining land use. The facilities area of the Bear No. 3 Mine is to be reclaimed for wildlife habitat and limited residential use. Bear Coal Company obtained permission from the original landowner, Anchor Coal Company, to reclaim the Bear No. 3 Mine site for these post-mining land uses (Bear No. 3 Mine Permit Application, Exhibit 12). In summary, Bear Coal Company is in the process of returning the Bear No. 3 Mine property to undeveloped land supporting limited wildlife and limited residential uses. These land uses are consistent and compatible with Gunnison County zoning. The surface landowners have provided written approval of the post-mining land uses. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4) and 2.07.6(2)(e) Information regarding the cultural and historic resources of the permit area is in Section 2.04.4, and Exhibits 6 and 7 of the Bear No. 3 Mine permit application. No known cultural or historic resources that are listed or are eligible to be listed on the National Register of Historic Places exist within the life-of-mine permit area or in areas to be affected by mining. This determination has been made through examination of files of the Colorado Historical Preservation Office, the Colorado State Archaeological Office, the Colorado Office of the Bureau of Land Management, the State Historical Preservation Office and the National Register. The Colorado Historic Preservation Office was contacted by the Division at the initiation of the renewal process. Results of a March 1977 archaeological survey of the permit area are presented in Exhibit 7. No archeological resources were discovered. The Colorado State Historic Preservation Office (SHPO) confirmed in a letter dated December 13, 1993, that the Permit Revision No. 1 activities would not impact any cultural resources due to the lack of any such resources in the area, and confirmed (via a telephone) that Permit Revision No. 2 activities would not impact any cultural resources due to the lack of any such resources in the area. A letter from SHPO dated April 2, 1997, regarding Permit Renewal No. 3, acknowledged the cessation of mining operations and restated the initial finding of no known resources in the area. No public park or national historic place would have been adversely affected by the Bear No. 3 Mine mining operation; therefore, a damage mitigation plan was not required per Rule 2.05.6(4). 4