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incorporation into the permit. If the borrow area is outside of the currently approved <br />disturbance boundary, the area will need to be incorporated into the disturbed area. A <br />description of the borrow area (Section 2.05.3), sediment control measures and a <br />reclamation plan will need to be submitted. The Division will calculate a cost estimate for <br />the reclamation of the borrow area once the plan has been submitted. <br />Oxbow Response: The borrow area is associated with an un- stable slide area associated with the <br />Hawk's Nest coal mine "reclaimed" CDRMS bond revocation site. Recall that CDRMS is going <br />through final reclamation liability release for this area. It is located north of the old Colorado <br />Dept. of Transportation Highway 133 Right -of -Way on Oxbow property. Periodically CDOT <br />cleans mud off of this section of the old highway to open ditches and to keep the debris from <br />further damaging the pavement. Periodically, Oxbow assists CDOT with this cleanup to keep <br />this section of highway open. NFELLC will simply remove material from the slide area so <br />CDOT does not have to do it later. Notwithstanding the fact that per Rule 1.04(132)(a), the <br />Division's cited rules do not apply, Oxbow/NFELLC is not interested in taking on any additional <br />liability associated with an un- stable CDRMS bond revocation site /ongoing CDOT highway <br />cleanup site! <br />Finally, Oxbow appreciates the Division's explanation of the benefits of applying for a Permit <br />Revision to change the present post mining land uses to an industrial land use. We can see the <br />benefits of changing the post mining land use of this site as well as possibly portions of the Elk <br />Creek fan area, the Bear Creek fan area and the Hubbard Creek fan area where there is the <br />potential for the owners of the gas resources to establish future industrial facilities that utilize <br />their property rights. That being said, the provisions of the Division Rule 1.04(132)(a), still <br />prevent the Division from the wholesale regulation of gas projects. <br />Sincerely, <br />James A. Kiger <br />Environmental Manager <br />F,nclosures <br />Xc: Mike Ludlow (OMLLC) <br />Gunnison County Planning Office <br />David Rice, Delta County Planning <br />Paonia Public Library <br />USES, Paonia Ranger District <br />BLM, UFO <br />Files <br />• Page 2 <br />