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<br />Ric nartl D Lamm <br />Governor <br />January 18, 1982 <br />Mr. William A. Bear <br />Bear Coal Company, Inc. <br />Somerset, CO 81939 <br />RE: Adequacy Review - Bear No. 1 and No. 2 Mine <br />Preliminary~Adequacy Responses, and N3 Revision <br />Dear Mr. Bear: <br /> <br />The Division has completed review of the adequacy responses for the <br />Bear kI and b2 received Nobember 19, 1981. There are a number of concerns, <br />primarily relating to the reclamation plan, which must be resolved <br />prior to permit issuance. <br />The permit revision submitted for the Bear K3 received November 13, 1981, <br />has been revieloed for preliminary adequacy. A separate review letter <br />for that application has also been completed. Both review letters are <br />enclosed. The deficiencies noted in the enclosed letters must be <br />resolved before the Division can make the required written findings. <br />Attached are comments from ARCO Coal Company regarding the permit revision <br />application for the Bear H3. Most of the concerns addressed in the <br />comments are also addressed in the adequacy letters enclosed. However, <br />comments 1 through 4 regarding the legal description of the revision <br />area and Bear Coal Company's legal right of entry are not addressed <br />in the Division's review letter. The legal description must be corrected <br />as quickly as possible, and a corrected notice published in the North <br />Fork Times. As you are aware, Bear Coal Company must be able to <br />demonstrate Zegal right of entry for the main haul and access road right <br />of way into the surface facilities area, the access road right of way <br />to the mine portals, and the conveyor right of way to the rail Ioadout. <br />DEPARTMENT OFNATUNALRESOURCES <br />D Monte PaSCne E+eculive OnrClor <br /> <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHEL7 UN Director <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />