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STATE OF COLORADO <br /> <br /> <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br /> <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br /> <br /> <br />March 20, 2012 John W. Hickenlooper <br /> <br />Governor <br /> <br />Mike King <br /> <br /> <br />Executive Director <br /> <br />Mr. Daniel Bear <br /> <br />Loretta E. Pineda <br />Bear Coal Company, Inc. <br /> <br />Director <br />1326 War Emblem Lane <br /> <br />Rock Springs, WY 82901 <br /> <br /> <br /> <br />Re: Bear No. 3 Mine Permit No. C-1981-033 <br /> <br /> Access Bridge to Mine Site <br /> <br /> <br />Dear Mr. Bear: <br /> <br />In Bear Coal Company’s (Bear) letter to the Division of Reclamation, Mining and Safety (Division) <br />dated December 27, 2011, it was announced that Bear does not intend to renew its DRMS permit and is <br />willing to perform work on the site until the permit expiration date of July 19, 2012. This work includes <br />the installation of the pond bypass line and reclamation of the treatment pond which was approved in <br />Technical Revision 29. At this time, Bear does not have the regulatory permission to perform these <br />tasks. The Division is presently talking to the Colorado Department of Public Health and Environment <br />(CDPH&E) to discuss termination of the Bear Mine NPDES before the expiration of the Division <br />permit. <br />While these talks continue, the Division has a concern regarding the condition of the bridge which is the <br />only access to the site for heavy construction equipment. In two inspection reports (July 25, 2011 and <br />January 23, 2012), three discrepancies were noted that question the integrity of the bridge to handle <br />heavy equipment. The “outside edges” of the east abutment were reported to be eroding, one of the <br />east-side support girders is damaged and one of the east deck boards is rotten. The Division is aware <br />that Oxbow has a deeded right from Mountain Coal Company, LLC (owner of the bridge) to use the <br />bridge and leases the bridge to Bear for maintenance and reclamation activities at the Bear Mine site. <br />The Division believes it is appropriate to conduct some maintenance on the bridge to provide access for <br />short term construction activities and for the long term to allow access to the mine site. Please provide a <br />plan to ensure the integrity of the bridge will provide access to the site for the short and long term. <br />If you have any questions, please contact me. <br />Sincerely, <br /> <br />Brock F. Bowles <br />Environmental Protection Specialist <br />Office of Office of <br /> <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />