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} <br />COLORADO <br />MVDivision of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Date: June 3, 2015 <br />To: Virgina Brannon <br />From: Daniel I. Hernand I <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 />A joint OSM/DRMS Complete inspection was conducted at the Elk Creek underground coal mine on October <br />28, 2014. Several issues were identified during the inspection as problematic. These issues, some <br />administrative and some operational, pertained to certain methane ventilation structures known as "gob vent <br />boreholes". The issues included failure to construct certain drill pads and roads in accordance with their <br />approved designs; failure to maintain drill pad erosion control structures; and failure to provide drill hole <br />abandonment reports. <br />As a result of these issues, the Division on December 9, 2014 issued Notice of Violation CV -2014-008. Eight <br />NOV abatement steps were imposed upon the company, mostly regarding on -the -ground matters. All <br />abatement steps were originally required to be complied with by January 9, 2015. <br />By letter of January 6, 2015, the permittee informed the Division that it had complied with three of the on -the - <br />ground abatement steps, 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 certain <br />permitting matters cited in the NOV. The application was found Complete on February 6, 2015, and remains <br />under review by the Division. The permittee, by letter of February 6, 2015, requested a 2nd extension of the <br />NOV abatement deadlines, from February 9, 2015 to March 31, 2015, which the Division granted, to allow time <br />to finish our review of MR -106, and to be able to verify on -the -ground abatements once snowcover melted. <br />Due to snowmelt and rainy weather creating difficult access conditions, the Division was unable to verify <br />on -the -ground compliance during the months of April and May, 2015. The company requested, and the <br />Division granted, an extension to June 30, 2015 of the MR -106 Decision Due date. The company has <br />additionally requested an extension to June 30, 2015 of the NOV abatement due dates. <br />Your signature is required on this extension notice for extensions beyond 90 days as per Rule 5.03.2(2)(e). If <br />you have any questions or need additional information, please contact me at extension 8126. <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 <br />