2013-02-22_ENFORCEMENT - C1981033 ‎(2)‎

• Permit No: C1981033
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/22/2013
• Doc Name: Notice to Owners & Controllers
• From: DRMS
• To: Mr Daniel Bear
• Violation No.: CO2013001
• Email Name: SLB
• Email Name: SB1
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
February 22, 2013
Mr. Daniel Bear
1326 War Emblem Lance
Rock Springs, WY 82901
RE: Bear Coal Company
File No. C- 1981 -033
Dear Mr. Bear:
Sincerely,
andra L. Brown
Sr. Environmental Specialist
Office of
Mined Land Reclamation
STATE OF COLORADO
COLORADO
D I V I S I O N OF
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E Pineda
Director
Pursuant to Rule 5.03.2(1)(d) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, "Within 60 days
after issuing a cessation order, the Division shall notify in writing any person who has been identified under Rule 2.07.7(5) and
2.03.4(3) and (4) as owning or controlling the permittee, that the cessation order was issued and that the person has been identified
as a controller ".
The following individuals and entities have been identified as owners and controllers of Bear Coal Company.
William A. Bear Sr., Director
Daniel E. Bear, President and Director
James Bear estate
Be advised that Cessation Order CV- 2013 -001 (C.O.) was issued to Bear Coal Company on January 11, 2013 and served on January
17, 2013. The C.O. was issued for 'failure to abate NOV CV- 2012 -009, parts A) and B), on or before December 31, 2012.
Al Bear Coal Company, Inc., failed to obtain a valid permit as required by 34 -33 -101 et seq, the "Colorado Coal Mining
Reclamation Act," the applicable regulations, and its Permit though it is under an ongoing obligation to complete
reclamation of the mine site. Bear Coal Company, Inc. was previously issued Permit No. C- 1981 -033, which expired on July
19, 2012 and reclamation has not been completed.
lBear Coal Company, Inc., failed to complete reclamation in compliance with the terms of its Permit, the Act, and the
Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. Bear Coal Company, Inc , has not: completed
final ditch and pond reclamation; established a diverse, effective and permanent vegetative cover; or assumed
responsibility for successful revegetation.
Bear Coal Company has failed to abate the C.O. by the abatement deadline of January 25, 2013. Pursuant to Rule 2.03.5(3) and
Section 34 -33- 114(3) of the Colorado Surface Coal Mining Reclamation Act, the issuance of this C.O. and failure to abate the C.O.
may preclude consideration of further permitting actions under any state Surface Coal Mining and Reclamation program authorized
by Public Law 95 -87, Surface Mining Control and Reclamation Act of 1977.
Office of
Denver • Grand Junction • Durango Active and Inactive Mines