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.+1 08:23 F'I Tr;I N COUNTY ZO 920 5198 P. 05 <br /> I lEXONTINENT misouRCris, INC. <br /> PRODUCERS OF YNE FAMOUS COAL BASIN COKING COAL <br /> 1069 COUNTY ROAD 100• sax EOO <br /> CARBONDALE,COLORADO$1024 T6X <br /> MAIN OffICE t3q�M.2%1 4"72/ <br /> DNTRIMIFFIOE f3011i0MW <br /> wAAem"I OR013,=3 March 7, 1991 PAX <br /> VIA TLLSFAX TO 1-920-5190 <br /> Board of County Co=iesloners <br /> Pitkin County Colorado <br /> Pitkin County Courthouse <br /> Aspen, CO 81611 <br /> Gentlemen: <br /> At your meeting of February 26, 1991, you adopted a resolution <br /> amending Mid-Continent Resources, Ina. cs Special Use Pe=it #96- <br /> 139. The amendment adds a new section to the existing special use <br /> permit which allows for a suspension of the permit c#it active <br /> mining operations should cease for an inderinita period of time <br /> without specific arrangements for continuation of the full Permit <br /> having been made beforehand. " within the same resolution, a <br /> finding is made that "Mid--Continent Resources' Coal Bassin Mine are <br /> hereby found to have coated active mining operations indefinitely <br /> and that Pitkin County Special Use Permit #66-139 is hereby <br /> suspended" pending certain actions. <br /> Mid-Continent objects to the amendment, to the suspension as <br /> inappropriate, unnecessary and which we believe exceeds the <br /> authority of the county. We have previously expressed our <br /> objection to the procedures under which the County has adopted this <br /> resolution as failing to adhere to the procedural provisions of <br /> Sp®cial Use Permit J86•-139 for amending the permit. <br /> I wish by this latter to explain, at least in part, in addition to <br /> the procedural, objections previously raised, our views concerning <br /> th6 Resolution 090-1.3 of February 26, 1991. . <br /> I. Authority and aurisdiction <br /> Coal is produced at the Coal Basin Mines from both private and <br /> federal leases. Mid-Continent doles not believe that Pitkin County <br /> r has the authority, through the (special use permit, to impede or <br /> place conditions upon the production of federal, coal. <br /> Further, the actual production of coal in the Coal Basin operations <br /> occurs beneath Gunnison County and the Gunnison National Forest. <br /> The coal, is transported and processed in Pitkin County, and them is <br /> transported to Garfield County and rail shipped to other states and <br /> beyond the continental. United States. Mid-Continent does not <br /> believe Pitkin County has the authority to impede or restrict <br /> interstate commerce. <br />