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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Date: February 11, 2015 <br />To: Ginny Brannon <br />From: Dan Hernandez <br />Re: Elk Creek Mine (Permit No. C- 1981 -022) <br />Oxbow Mining, LLC <br />Notice of Violation No. CV- 2014 -008 <br />Extension of Time for Abatement Beyond 90 Days <br />During a combined OSM/DRMS Complete inspection of the Elk Creek underground coal mine conducted on <br />October 28, 2014, several issues were identified by DRMS and OSM personnel as problematic. These issues, <br />some administrative and some operational, pertained to certain methane ventilation structures known as "gob <br />vent boreholes ". These issues ranged from failing to construct drilling pads and roads in accordance with their <br />approved designs, failing to maintain drill pad erosion control structures, failing to finalize drill pad <br />reclamation, and failing to provide drill hole abandonment reports. <br />As a result of these issues, the Division issued Notice of Violation CV- 2014 -008 on December 9, 2014. Eight <br />NOV abatement steps were imposed upon the company, including submitting a revision to correct the <br />inconsistencies in drill pad and road sizes and locations; filling all open well casings; cutting certain exposed <br />well casings to below ground level; and temporarily capping certain other well casings. All abatement steps <br />were originally required to be complied with by January 9, 2015. <br />The permittee, by letter of January 6, 2015, informed the Division that it had complied with three of the <br />abatement steps (filling open well casings; cutting exposed well casings to below ground level; and temporarily <br />capping well casings), and requested an extension of the January 9, 2015 deadline to February 9, 2015 to <br />address the remaining 5 abatement steps. On January 12, 2015, the Division approved the permittee's request. <br />The permittee, on January 27, 2015, submitted Minor Revision application MR -106 to address the permitting <br />matters cited in the NOV. This application was found Complete on February 6, 2015, and is still under review <br />by the Division. The permittee, by letter of February 6, 2015, has requested a 2 "d extension of the abatement <br />deadlines, from February 9, 2015 to March 31, 2015, to allow the Division time to complete our review of the <br />MR -106 Application, and to verify (once snowfall melts off the site) the on- the - ground abatements. <br />Your signature is required on this extension notice for extensions beyond 90 days as per Rule 5.03.2(2)(e). <br />If you have any questions or need additional information, please contact me at extension 8126. <br />ov"c , <br />of <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us <br />John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director �+r 1876 <br />