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Elk Creek Mine (C-1981-022) MT- 7 <br />Mining would continue in the B coal seam. The permit revision was approved on 14 October 1996, with <br />stipulations numbers 21, 22 and 23 attached. All three stipulations were satisfied. <br />Succession of Operator No. 3 transferred the permit from Pacific Basin Resources to Oxbow Carbon & <br />Minerals, Inc. This transfer was approved on 20 February 1997. The permit was transferred from Oxbow <br />Carbon & Minerals, Inc. to Oxbow Mining, Inc. on 23 January 1998 with Succession of Operator No. 4. <br />Oxbow Mining, Inc. submitted an application for Permit Renewal 03 (RN -03) on 13 March 1998, thereby <br />securing the right of successive renewal for the Sanborn Creek Mine. The Division deemed the submittal <br />complete on 23 March 1998. The Division's adequacy review letter was dated 30 July 1999. Because the <br />operator chose to rewrite and reorganize the entire Sanborn Creek Mine permit application, it was decided <br />to separate the permit application reorganization effort from the permit renewal process. Since the permit <br />renewal adequacy questions were more pertinent to the reorganization, rather than to the permit renewal <br />itself, the OMI responses to the permit renewal adequacy review questions were submitted in a new revision, <br />Permit Revision No. 4 (PR -04) on 15 September 2000. Issuance of the Permit renewal was contingent upon <br />the submittal of PR -04, and the permit renewal was issued on 25 September 2000. <br />Technical Revision No. 32 (TR -32) was submitted on 17 September 1999. TR -32 was for the construction <br />of surface facilities, and the initial development and mining of the Elk Creek Mine. In this TR review, the <br />Division reevaluated the reclamation cost estimate for the entire mine. A decision to approve TR -32 was <br />issued on 10 July 2000. <br />PR -04, submitted by Oxbow Mining Inc. (OMI) on 15 September 2000, was primarily an updated and <br />reformatted permit application. The updated permit incorporated all relevant information from the original <br />mining and reclamation plan including all approved revisions to the permit. OMI also proposed to add <br />3,965 acres to the permit area. A mine plan for the additional area was submitted as a separate Permit <br />Revision (Permit Revision 05). No new mining or reclamation activities were proposed in PR -04. An <br />adequacy letter was sent to OMI on 9 November 2000. The Division approved PR -04 on 14 January 2002. <br />On 19 September 2001, OMI submitted Succession of Operators application no. 5 (SO -05). This application <br />was submitted to change the ownership of the mine from OMI to Oxbow Mining, LLC (OMLLC). The <br />application was deemed complete on 27 September 2001 and approved on 23 October 2003. <br />On 15 February 2002 OMLLC submitted Permit Revision No. 5 (PR -05). The revision was deemed <br />incomplete on 26 February 2002 and again on 21 March 2002. PR -05 was subsequently deemed complete <br />on 1 August 2002. PR -05 was a mine plan change that also incorporated a federal lease modification of <br />160 acres. No new lands were incorporated into the permit boundary with PR -05. The Permit Revision <br />was approved on 27 January 2003. <br />On 21 February 2003 OMLLC submitted an application for the renewal of a valid, existing permit for coal <br />mining (Permit Renewal 04 — RN -04). The renewal was deemed complete on 3 March 2003 and a proposed <br />decision to approve RN -04 was issued on 10 October 2003. A new permit was issued on 3 December 2003 <br />with the permit term running from 11 October 2003 until 11 October 2008. <br />Page 4 of 14 <br />