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10/06/2004 15:'42 19709295177 <br />19/06/2004 14:23 303-231-5553 <br />,~ a,~., <br />OXBOW MINE <br />MSHA <br />PAGE 03/07 <br />PAGE 93/07 <br />ADO <br />9lq~Q`f <br />3737 Hwy) 33 P.O, Box 535 Somerset, Colorado 81434 USA xd (970)929~512Z Fax (970)929-5177 <br />September 3, 2004 <br />~v <br />Mr. Allyn Davis, District Manager <br />Mice Safety end Health Administration <br />PO Box 25367 <br />Denver, CO 80225-0367 S~ ~ ~ ?~ <br />" I Re: Elk Creek Mine R`~°r 2$ <br />>p lt05-04674 ~~ <br />Deal Mr. Davis, <br />Oxbow Mining, LLC and the Elk Creek Miae plan on discharging process water into rho CSeam of the <br />abandoned Somerset Mine. Thls letter and attached drawings shall serve as a Waste Water pisposal Plea. <br />in order to discharge water into an underground mine, an operator must comply with certain state and <br />federal regulations. The Colorado Division of Minerals and Geology (CDMG) is the state agency with <br />regulatory authority over the P.lk Creek Mine. CDMG Rule 4.D5.16(6) states that any discharge o£water <br />into an uoderground mine will "meet with the approval of MSIiA.° The Office of Surface Mining <br />Reclamation and 6nforcemertt (OSM) has a similar roquirelttent listed under 30 CFR 817,41(h)(1)(iv) <br />which states that discharges into an tmderground mine will "Mat wilt the approval of MSHA." <br />Procedure Instruction Letter No.103-V-4 extends the responsibility for approval of plans to disallarge <br />water into abandoned mine workings tp the Coal Mine Safety and flealtb DLattiet Managers. Program <br />information Bulletin No. P03-16 also gives authority rA MSHA for approval of pleas. However, PIB No. <br />P03-16, 30 CFR 784.25(a), and 30 CFR 817.81(f) seemingly do not svio'tly apply to the discharge of <br />water into underground mines. These regulations seem to be mere wncemed with slurry discharge and <br />backfill operations. <br />Oxbow Mining, LLC huends to pump water directly out of the Elk Creek Mine sump into the Soterset <br />M'me. This is not a slurry product, nor is it intended es a baeltFll that needs to sttpport a surface area, <br />The total volume of the £Ik Creek Minn sump is slightly over 5 million gallons. The amount of water that <br />will be pumped into the Somerset Mino will be up to 3 million gallons. The water will be pumped into <br />the 8 West 5eotion of the Somerset Miae, at an eltwation of approximately 11,000 feet, This section may <br />hold up m 16 m illion gallons. The exact volume available is unlmown because the cost was extracted <br />utilizing a room and pillar system. The pillars wero then robbed on retreat. Subs~uent subsidence may <br />have decreased the amount of space available. The Elk Creek Mine sump will not need to be pumped <br />again for approximately one year. This cycle wit] continue, pumping up to 3 million gallons once per <br />year into the Somerset Mine, Each pumping cycle may last uP to 10 days. Mowitorino of water levels <br />will be done in wmpUance with CDMG regulations. <br />As shown on the attached drawings, the borehole thatwill be drilled into the Somerset Mine does not pass <br />through the Ellc Creek Minn workings. The borehole will be ebsed and cemettud so ~q~ •• <br />flow into the surrouodioe strata. At'I'KOVi: <br />OC(- ~ ZA(14 <br />