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n <br />/~ <br />XBOW MINING, LLC <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA Tel (970)929-5122 Fax <br />(970)929-5177 <br />June 21, 2007 DECEIVED <br />JUN 2 5 2001 <br />Mr. Dan Hernandez Division of Reclarnalion, <br />Senior Environmental Protection Specialist Mining and Safety <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Oxbow Minin¢, LLC -Notice of Intent for 2007 - X-2007-223-08 <br />Response to CDRMS June 18, 2007 Adequacy Review. <br />Dear Mr. Hernandez: <br />Oxbow Mining, LLC (OMLLC) herein responds to the subject Adequacy Review. A modified <br />NOI Application is attached with this letter. <br />1. Reettlation 2.02.2(2)(e) regarding right of entry. We have added additional clarification <br />language in the NOI Application further describing the operations on Oxbow private surface. <br />2. Vehicle travel for exploration pumoses. The suggested pazagraph describing vehicle <br />travel necessazy for exploration activities has been added to the NOI application. <br />3. Topsoil considerations. Oxbow proposes no construction of new sections of access roads, <br />rather we are proposing light use roads. Due to the prevailing steep conditions Oxbow routinely <br />proposes construction of light use roads where they will be field fitted and may meander with <br />due consideration of topography and existing vegetation. Construction is with sidecast methods <br />and salvageable topsoil is generally not available_due to steep terrain, lack of topsoil resources <br />and safety considerations of men and equipment. Further, proper revegetation has not been <br />adversely impacted by these commonly used techniques. <br />4. Diversion of streams -Oxbow proposes no diversion of streams. The NOI application <br />has been modified to include such language. <br />5. Diversions of upland diversions -Oxbow proposes no diversions of upland flows. The <br />NOI application has been modified to include such language. If upland flows were to be <br />installed, typical design criteria for such diversions are already included in PAP C-1981-022 <br />Exhibit 2.05-E3 -Drainage and Sediment Control Plan and' Map 2.05-M4 -Drainage and <br />Sediment Control. <br />• Page 1 <br />