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~ ~ III IIIIIIIIIIIII III <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Dopan mcnl ul Ndl oral RCSOUrCeS <br />I.{I I tihcnnan SL. Room 215 <br /> <br />Drnvrr. (.ulnmJu H11211 S <br />` <br />iiij~ <br />I'hunc' 11U S1 H66- 1567 IIII <br />PA%: 1 411 11 71 4 2~H106 <br /> DEPARTMENT OF <br /> NATURAL <br />October 7, 1996 RESOURCES <br />Thomas C. Anderson Ray Romer <br />Oxbow Carbon & Minerals cnvernor <br />P <br />Box 535 <br />O lames 5 Lochhead <br />. <br />. Executive Direcror <br />Somerset, Colorado 81434 M,chael B. Long <br /> Division Director <br />Re: Sanborn Creek Mine (Permit No. C-81-022) <br />Permit Revision Application No. 3 <br />160-Acre Lease Modification <br />Dear Mr. Anderson: <br />I recently notified you that all of the Division's adequacy concerns with the application for <br />Permit Revision No. 3 had been resolved, and that we were ready to propose a decision to <br />approve the revision. The proposed decision was to be made when the US Fish and Wildlife <br />Service provided comments regarding threatened or endangered species, providing those <br />comments were in favor of the proposal. If at that time the lease modification and right-of-way <br />had not been approved by the Bureau of Land Management (BLM), the Division was <br />considering stipulating the decision with the requirement that Oxbow Carbon & Minerals <br />(OCM) obtain approval prior to mining in those areas. <br />The Division has recently become aware that OCM will not be pursuing aright-of-way through <br />federal coal to access the lease modification block east of the current mine workings. The <br />addition of the right-of-way area was proposed in OCM's application for Permit Revision No. <br />3. If OCM will not be getting the right-of-way, reference to it should be removed from the <br />revision ap lication. If OCM will be making changes to the revision application, an appropriate <br />extension for the Division's decision should also be requested. <br />The Division is also aware that there is some question as to whether or not OCM will continue <br />with the application to the BLM for the 160-acre lease modification. If OCM elects to withdraw <br />the application to the BLM, the Permit Revision No. 3 application should be withdrawn or <br />modified accordingly. <br />If you have questions or are in need of additional information, please contact me. <br />Sincerely, <br />Susan L. Burgmaier <br />Environmental Protection Specialist <br />c: James E. Stover, J.E. Stover and Associates <br />David Berry, CDMG <br />sl.e~iao~vb <br />