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To: Bill Bear; KWelt @archcoal.com; jim_kiger @omi.oxbow.com <br />Cc: Brown, Sandy <br />Subject: Bear No. 3 SL -4 Remaining Issues <br />The following is the Division's position on the remaining reclamation work for partial Phase One Bond Release (SL -4) at <br />the Bear No. 3 Mine. The Division welcomes e- mailed comments from the involved parties concerning the details in this <br />e -mail before the details are put into a formal letter. <br />Since this is a partial Phase One Bond Release and not a final bond release, the Division will need the bridge for access to <br />the site until final bond release. If the Division feels that repairs of the bridge are necessary for continued access and <br />safety, the Division will work with BCC directly since they are the mine site operator. Whatever arrangements that Arch, <br />Oxbow and BCC work out for any repairs and maintenance of the bridge should not involve the Division. BCC will need to <br />secure a letter from Arch, for insertion through a minor revision into the Bear No. 3 Mine permit application, that states <br />Arch's preference for the final disposition of the bridge. This minor revision will need to be approved before the <br />proposed decision for SL -4 is made. <br />It is not clear to the Division whether Oxbow owns a portion of the flat facilities area, as shown on Map 1, Surface <br />Ownership Map, or just leases the land from Arch, as it apparently leases the right to use the bridge. The Division would <br />appreciate if someone could clarify this point. <br />The Division agrees with Arch's position concerning the fence. The fence is mine related in the sense that the installation <br />of the fence was tied to the mine's existence and Arch, as property owner, has requested that the fence be removed. <br />The Division is assuming that all of the fence is on Arch property. If this is not correct, please advise the Division. BCC will <br />need to get a letter from Arch, for insertion through a minor revision into the Bear No. 3 Mine permit application, that <br />documents Arch's wishes concerning the fence. <br />This minor revision will need to be approved before the proposed decision for SL -4 is made. <br />The Division has requested BCC to contact DM EA concerning the retention or removal of the remaining power poles. As <br />an additional request, whichever company owns the land where the power poles are in place should inform the Division <br />as to their preference for retention or removal of the power poles. BCC should get documentation, for insertion into <br />their permit application through a minor revision, from that company concerning the final disposition of the power <br />poles. This minor revision will need to be approved before the proposed decision for SL -4 is made. <br />Finally, the Division is in agreement with Arch's plan to install a gate and fence on the town side of the bridge in order to <br />restrict access. The installation would not require permitting action with the Division. Of course, the details would need <br />to be worked out for all parties concerned. <br />This email has been scanned by the MessageLabs Email Security System. <br />For more information please visit http : / /www.messagelabs.com/email <br />This email has been scanned by the MessageLabs Email Security System. <br />For more information please visit http : / /www.messagelabs.com/email <br />2 <br />