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i--=°. <br />OXBOW MINING, LLC <br />.-~ <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA Tel (970)929-5122 Fax <br />(970)929-5177 <br />February 6, 2006 <br />., <br />~FA~;~i~fl~ <br />Mr. David Berry FEB 08 2006 <br />Coal Program Supervisor <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 Division of MinerGls and Geology <br />Denver, CO. 80203 <br />Re: NOV No. CV-2006-001 <br />Submittal of Written Information and Request for Vacation <br />Deaz Mr. Berry: <br />Oxbow Mining, LLC, Elk Creek Mine received Service of the referenced NOV on Friday, <br />January 27, 2006. The purpose of this letter is to 1) provide additional information regazding the <br />NOV (per Rule 5.04.3(1)) and 2) to request a vacation of the NOV. <br />We believe the circumstances surrounding the NOV will cleazly show that the NOV should <br />never have been issued. Had the issues been handled consistent with the recent Hubbard Fansite <br />permitting activities, the permitting outcomes would have been the consistent with but without <br />the issuance of an NOV. We believe the NOV was incorrectly issued for essentially routine <br />facility permitting matters with circumstances that never required an NOV. <br />For these discussions it is useful to discuss first, the permitting of the overall Hubbard Fansite <br />facility then second, discuss the permitting of the Fansite boreholes. <br />Hubbard Fansite -Initial Permitting - TR-49 <br />The initial permitting of the overall Hubbazd Fansite facility occurred with submittal of TR-49 <br />on January 18, 2005 and subsequent approval on March 1, 2005. Construction was started and <br />completed during the summer of 2005. See Photograph 1 for the final configuration of the site. <br />2. Hubbazd Fansite - As-built Permitting - TR-52 <br />During construction of the Hubbard Fansite, as with any such facility construction, conditions on <br />the Bound dictate changes made during construction. Design changes were necessary as the <br />facility was constructed. To accurately and efficiently incorporate the final as-built facility <br />conditions into the PAP, soon after construction was completed TR-52 was submitted to the <br />Division on July 5, 2005 and approved on July 21, 2005. <br />• Page 1 <br />