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31 ii_"• F I Th I H 1- -it IT' ' =�7= '��t� �1'a; F' 0`I <br /> MID-CONTINENT RESOURCES, INC. <br /> Board of County Comm'ra March 7, 1991 <br /> Pitkin County, CO page 2 <br /> Aotivities in connection with the preparation and maintenance of <br /> the Coal. Basin properties for the purpose of coal production have <br /> been continuous and on-going for some 38 ears. This operation and <br /> use precedes all pres+nt land use planning of the county and the <br /> issuance of spacial use permits. Mid-Continent does not believe <br /> that the county has the authority to prevent or impede the <br /> continuation of such use through the special us* permit process. <br /> Pitk,in County has herotofore aoknowladga the pre-emptive <br /> jurisdiction of federal and state agencies in the Coal Basin mining <br /> operations. The overt preemptions of the federal Surface Mining & <br /> Reclamation Act and Clean water Act, as well as the Colorado Mined <br /> Land Reclamation Act, allow the County a very narrows range of land <br /> use and environmental regulation. The attempted suspension of coal <br /> mining based on temporary cessation of use without violation of <br /> matters over which the County has jurisdiction is clearly illegal <br /> and Ultra..Vir". <br /> The action and policy of the County should be coordinated with <br /> federal office of Surface Mining, Colorado Mined Land Reclamation <br /> Division, that U.S. Forest Servioa, the Colorado Department of <br /> Health, federal Mine Safety and Health Administration, and other <br /> involved agencies in a manner that will keep the County within <br /> permiss ivo areas of regulation. <br /> 12. mining operations <br /> Mid-Continent has not ceased active .mining operations. The Coal. <br /> Basin Mines are being maintained in readiness for the production of <br /> coal. At no time has this maintenance been suspended. Activities <br /> which are necossary to the preparation and maintenance of the mane <br /> as aproduction unit have been continuous and on-going since 1953 . <br /> During those nearly four decades there have been numerous periods <br /> during which actual goal production was suspended for a variety of <br /> rs &sons. <br /> There has been a downsizing of the workforca, and the mine is <br /> prosentl not producinq Coal. This certainly doe ;:s not constitute <br /> a eessatlon of active mining operations as defined in Special Use <br /> PQY` it #36-139, specifically: <br /> 84. Record Made - Mid-Continent's Permit Application <br /> as noted above in Paragraph 3 SLR Z conk iute d- <br /> g0tinent,:ffLmining plan. Cftphasis supplied. ] <br /> 3. Reo�}ion.,HS-vagatation and menergl ooerati= - <br />