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STATE OF COLORADO ~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Rewurces <br />1373 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: {303) 8663567 <br />FAX: (303) 832-8106 <br />2 June 2006 <br />Jim Kiger <br />Oxbow Mining, LLC <br />3737 Highway 133 <br />Somerset, CO 81434 <br />Re: Elk Creek Mine (Permit C-1481-022) <br />Technical Revision 54 (TR-54) <br />OMLLC PAR Responses <br />Deaz Mr. Kiger: <br />COLORADO <br />DIVISION O F <br />MINF~RALS <br />GEOLOGY <br />AECLAMATI OM•NINING <br />sAlETY•ECIENCE <br />gal ovens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division has received OMLLC's 24 May 2006 responses to the Division's <br />preliminary adequacy review of Technical Revision 54 (TR-54} - 11 Gob Vent Boreholes <br />and associated light-use roads on US Forest Service lands. The Division has reviewed <br />the responses and has the following comments. <br />Response partially accepted -upon receipt of USFS approval and right of <br />entry, the Division can issue a proposed decision. <br />2. Response partially accepted -please note that no drilling activities may be <br />performed at GVB locations GVB-LW7-O1, LW8-O1 (Alt. for Alt. 2) or <br />LW9-O1 until a raptor breeding survey has been completed and a copy of the <br />survey has been forwarded to USFS and the Division. Additionally, if there is <br />a determination that there will be a negative impact to raptor breeding, <br />OMLLC must revise the drilling plan for these three GVB's. <br />Response accepted -text on pages 2.05-19 and 2.05-20 is acceptable. <br />4. Response accepted -changes to pages 7 and 8 of the USFS submittal and <br />Exhibit 2.04-E3, Item 9 have been made as requested. <br />5. Response accepted -project summary modiSed as requested. <br />6. Response accepted -text changed as requested. <br />Response accepted - OMLLC's topsoil removal plan is acceptable. <br />8. Response accepted -larger, more legible copy of angle drilled borehole <br />diagram submitted as requested. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />