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In April of 1999, Oxbow Mining concluded that additional inflow was coming into the mine and <br />might flood the longwall equipment. The source of the additional inflow was not known but the <br />approximate rate of inflow was about 200 gpm. With Division approval through Technical <br />Revision No. 34, Oxbow pumped out mine water into the North Fork of the Gunnison at a rate of <br />about 2000 gpm. The pumping occurred from July 1999 to the first week of October 1999. The <br />operator decided to dewater only half of the longwall panel in question and stabilize the water <br />level in the mine thereafter. The longwall restarted operations at the beginning of November <br />1999. <br />In anticipation of the mining out of the Sanborn Creek Mine B seam reserves, Oxbow Mining, <br />Inc. submitted, on November 6, 1998, a revision to begin construction of the new Elk Creek <br />Mine. Technical Revision No. 32 sought Division approval to construct the new portals and their <br />associated surface facilities, and to begin mining of private coal at this new mine. The <br />construction proposed in TR-32 increased the disturbed area by 23.7 acres north of the main <br />Sanborn Creek Mine facilities, along the west side of Elk Creek. TR-32 was approved in July <br />2000. <br />In TR-32, Oxbow Mining proposed to construct two temporary fills over Elk Creek. Fill material <br />was placed within the channel of Elk Creek and the creek flow was diverted through two nine- <br />foot diameter culverts buried by the two fills. Oxbow Mining submitted a geotechnical stability <br />analysis demonstrating that the two fills in Elk Creek will be stable. For final reclamation of the <br />Ells Creek Mine facilities, the two nine-foot culverts will be removed and the Elk Creek channel <br />will be reconstructed in compliance with Rule 4.05.4. <br />These activities proposed in TR-32 required specific authorization by the Division in accordance <br />with Rule 4.05.4(4), Stream Channel Diversions (Relocation of Streams) and Stream Channel <br />Reconstmction, and Rule 4.05.18, Stream Buffer Zones. Therefore, the Division made the <br />fmdings that the original stream channel will be reconstructed at the completion of mining, that <br />the water quantity and quality from the stream section within 100 feet of the surface coal mining <br />operations will not be adversely affected during and after mining, and that appropriate riparian <br />vegetation will be reestablished. <br />Permit Revision 5 required a mine plan approval from the US Office of Surface Mining and <br />Reclamation, to cover activities in the Elk Creek tract which was received on May 13, 2003. <br />This Elk Creek operation ramps down from the floor of the Elk Creek Canyon into the D-seam. <br />Development mining had already been approved at the time of the permit revision; longwall <br />mining into the Elk Creek tract was approved by the revision and by the federal mine plan <br />approval. <br />Mining ceased on the Sanborn Creek Mine in the spring of 2003. Oxbow Mining LLC began <br />immediately to reclaim the Sanborn Creek facilities. The conveyer was dismantled and removed <br />in the summer of 2003, the portals were sealed and regraded, and the Sanborn Creek fan shaft <br />was backfilled. <br />12 <br />