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<br />°' <br />l_i ~i ". <br />March 31, 2003 <br />.,. ~ ~," <br />Mr. Allen Belt <br />Bureau of Land Management <br />2505 South Townsend Avenue <br />Montrose, CO 81401 <br />Glgal-Uzi. <br />PR-S /~~et3 <br />- ~ ~~ <br />'`:: <br />~. ~\v <br />RECEIVED <br />APR 0 ;~ 2003 <br />Ms. Susan Spear Givisian of Minerals and Geology <br />District Ranger <br />USFS, Paonia Ranger District <br />P.O. Box 1030 <br />Paonia, CO 81428 <br />Re: Oxbow Minine LLC. Elk Creek Federal Coal Lease COC 61357, Special <br />Stipulation, Section 15 (d) (1) WaterReulacement Plan <br />Dear Ms. Spear and Mr. Belt: <br />Federal Coal Lease COC 61357, Special Stipulation Section 15 (d) (1) Water <br />Replacement Plan requires Oxbow Mining, LLC (OMLLC) as the lessee to: a) replace <br />vested water rights consistent with state law; b) conduct an inventory of all existing water <br />sources associated with the lease tract and c) formulate a water replacement plan to <br />replace the possible loss of water resulting from mining activity of the lease. <br />In January, 2003 the Montrose office of the Bureau of Land Management (BLM) <br />presented OMLLC with a document titled "Recipe for a Water Replacement Plan <br />Associated with Coal Mining Activities. " The BLM requested that OMLLC provide a <br />response plan, under a separate cover, that presents the compliance activities associated <br />with Special Stipulation 15(d)(1) as outlined in the recipe document. <br />On February 7, 2003 OMLLC provided the BLM and the U.S. Forest Service (USFS) <br />with its response plan titled Oxbow Mining, LLC, Elk Creek Lease -Special Stipulation <br />Section IS (d)(1) Water Replacement Plan, February 7. 2003 (the "Plan"). <br />BLM provided comments to OMLLC on its plan in a letter dated March 10, 2003. <br />Subsequently, OMLLC and BLM representatives met on March 19, 2003 to clarify the <br />BLM's comments and concerns. <br />The purpose of this letter is three-fold. First, we will briefly respond to the BLM's <br />March 10, 2003 letter and summarize the resultant discussions and/or modifications to <br />the Plan. Second, herein we are submitting an update to the Plan to incorporate the <br />3737 Hwy 133 F.O. Box 535 Somerset, Colorado 81434 IJSA <br />TEL (970) 929-5122 FAX (970} 929-177 <br />