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Unique to our operation is that Oxbow has two coal mine methane electricity generation or <br />oxidation projects located on areas covered by the two cited 404 Permits areas. We would <br />like these projects to remain long after we have otherwise reclaimed the other nearby mine <br />facilities. The original mining permits anticipated full reclamation of the sites to a post <br />reclamation "rangeland" land use. In order to change the land use to an "industrial land use" <br />with the Colorado Division of Minerals and geology, they encouraged Oxbow to contact ACOE to <br />determine if there are any issues regarding changing the land use to industrial. <br />Please note these two projects are located entirely on Oxbow private surface with private <br />mineral ownership. Neither USFS or BLM would be involved in this permitting exercise. <br />Thank you. <br />James A. Kiger <br />Environmental Manager <br />Oxbow Mining, LLC., Elk Creek Mine <br />P.O. Box 535 <br />Somerset, Co. 81434 <br />970-929-5806, fax: 970-929-5177 <br />2 <br />