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;,. <br />1~ , <br />iii iuiiiiii~~~i iii - <br />999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION of =D~ <br />Department of Natural Resources ,~~., ~ <br />N! ~,. <br />7313 Sherman St., Room 275 ., ~~° <br />Denver, CO 80203 '~(",~` <br />303 866-3567 'pats' <br />FA x: 303 832-8106 <br />Roy Ramer. <br />Governor <br />Fretl R. Banta, <br />Division D~rec~or <br />February 4 , 1991 <br />Mr, Steve Sel f <br />Eastside Coal Company, Inc. <br />P.O. Box 16T <br />Silt, CO 81652 <br />Re: Eastside Mine, Citizens Concerns, File No. C-84-063 <br />Dear Mr. Self: <br />As you are aware, we recently received a letter from the Garfield Citizens' <br />Alliance (GCA) which addressed a number of concerns they have with the <br />Eastside permit and operation. The letter also raises additional concerns <br />regarding certain Division policies and procedures. Certain aspects of the <br />permit may need to be revised to address issues GCA raised. However, it is <br />appropriate to allow Eastside an opportunity to respond to the concerns that <br />have been identified which are specific to the operation. <br />Compliance with County Permitting Requirements <br />One issue of concern to GCA is the fact that the Garfield County Special Use <br />Permit has expired. GCA has proposed that we order reclamation to commence <br />immediately. The Garfield County Planning Department has confirmed that there <br />is no valid county permit in effect for the Eastside Mine at this time. They <br />have indicated that Eastside may have the authority to operate the mine on a <br />very limited basis as a pre-existing non conforming use but the county has not <br />made a final decision on this matter. <br />Based on our discussions with you and Garfield County officials, it is our <br />understanding that Eastside intends to apply fora new Special Use Permit and <br />that the county has imposed no specific time limitations on Eastside to either <br />apply for and obtain a Special Use Permit or initiate reclamation. Given <br />these facts, we find there to be no legal basis for the Division to order <br />reclamation to commence at this time. We will maintain close contact with the <br />Garfield County Planning Department and will notify you if our requirements <br />change due to the evolving Special Use Permit negotiations. <br />Since there is no coal presently stockpiled at the site, the mine is not <br />operating and the county has not determined if operations can be conducted <br />prior to issuance of a new Special Use Permit, a Notice of Temporary Cessation <br />pursuant to Rule 4.30.1 should be submitted. Prior to resumption of <br />operations, documentation of county approval will need to be provided. <br />