ENFORCE21108

• Permit No: C1981022
• IBM Index Class Name: Enforcement
• Doc Date: 2/13/2006
• Doc Name: Response Letter to Vacate Violation
• From: Sandy Brown
• To: David Berry
• Violation No.: CV2006001
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Raom 215
Denver, Colorado 80203
Phone: [phone]
FAX: D03) 832$106
TO: David Berry
FROM: Sandy Brown
DATE: February 13, 2006
RE: Oxbow Mining LLC, Request to Vacate NOV CV-2006-001
RADO
ON OF
RALS
EOLOGY
:LANATION•MINING
SAFETY4CIENCE
Bill Owens
Govenror
Russell George
Executive Director
Ronald W. Cottony
Division Director
NaN21 Resource Trustee
In response to Oxbow Mining LLC's (Oxbow) request to vacate NOV CV-2006-001, I
concur with Jim Stork's recommendation to uphold the NOV. Oxbow permitted two
water boreholes in TR-51. In Jim's January inspection, he observed an extra completed
hole on the pad. At the time, Oxbow said it was a gob vent borehole and in their
Feburary 6, 20061etter, Oxbow claims it is a utility hole.
Oxbow asserts that they are allowed to drill an additional permanent borehole from what
was approved in TR-51. Oxbow intended to permit the extra drill hole in a follow-up `as-
built' revision. They use their submittal of structures and sediment control features at the
Hubbard Creek fan site as an analogy. As required by Rule 4.05.9(14) Oxbow submitted
a technical revision with an as-built certification for the sediment control structures in a
separate TR. Field modifications were taken into account in the Hubbard Creek facilities
as-built certification.
I believe Oxbow is misusing the as-built terminology. As-bunts are required following
the construction ofengineer-designed structures. For boreholes into the mine, the
Division requests operators to address locations, depths, drill pad size, access and
proposed completion methods in a revision prior to drilling the holes. In fact, Oxbow did
that with TR-53 where they requested to drill 15 methane gob vent boreholes. Therefore,
I do not agree with their reasoning for vacating NOV CV-2006-001 and I concur with
Jim that the NOV be upheld.
c. Jim Stazk
Once of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey