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Summary <br />The Review Process <br />The Sanborn Creek Mine, operated by Oxbow Mining, LLC, is located in Delta and Gunnison <br />Counties, and is adjacent to the town of Somerset on State Highway 133. <br />The original permit under the Colorado Permanent Regulatory Program was issued to U.S. Steei <br />Mining Company, Inc. on October 11, 1983. Kaiser Coal Corporation acted as operator on the <br />property from 1986 to 1990. In 1990, their permit was transferred to Somerset Mining Company <br />and Somerset completed the permit renewal for another five-yeaz permit term. That permit <br />period initiated October 11, 1988 and expired October 11, 1993. <br />Upon fmalization of the purchase of the mine and transfer and renewal of the permit, Somerset <br />Mining Company proposed opening a new set of mine portals, named the Sanbom Creek Mine, <br />to access, fast, the C seam and, then, ramp down to the B seam. Most of the production would <br />come from the B seam. This proposal was presented in the form of Permit Revision No. One <br />(PR-O1) submitted to the Division on June 4, 1990 and approved on Mazch 27, 1991. The permit <br />azea was increased by 962 acres to a total of 3737 acres, 1608 acres of which were private land <br />and Z 129 acres of which were federal land. Of the 962 acre increase in the permit azea, 796 were <br />private and 169 were federal. <br />Permit Revision No. Two (PR-OZ) was submitted to the Division on April 13, 1992. The <br />operator proposed to add the Sanborn East Federal Coal Tract to the Sanborn Creek Mine plan. <br />The application was deemed complete on Apri123, 1992. Somerset Mining Company published <br />its notice of the revision application in the Delta County Independent on May 13, 20 and 27, and <br />on June 3, 1992. <br />The pemut revision azea was located within 100 feet of the outside right of way of State Highway <br />133. Therefore, in accordance with Rule 2.07.6(2)(d)(iv), apublic hearing was advertised on <br />June 24, 1992 in the Delta County Independent. No comments or requests for a public hearing <br />were received; therefore, a hearing was not held. <br />The Division approved the permit revision No. 2, with a stipulation, on September 25, 1992. The <br />stipulation, Stipulation No. 12, required the mine plan approval, from the Office of Surface <br />Mining (OSM), to be in place for coal lease COC-53510 before the permit revision could receive <br />fmal approval. OSM approval was received by the Division on Mazch 19, 1993, and fmal <br />approval of Permit Revision No. 2 was thereby issued. This revision increased the permit azea by <br />1792 acres, 70 acres being private land and 1722 acres being federal land. The total acreage of <br />the permit azea was now 5529 acres, 1678 acres of private land and 3851 acres of federal land. <br />On April 12, 1993, Somerset Mining Company's application for renewal of a valid, existing <br />permit to conduct coal mining operations, Permit No. C-81-022, was deemed complete. The <br />new permit term started on October 11, 1993 and ended on October 11, 1998. <br />