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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />October 10, 2008 <br />Jim Kiger <br />Oxbow Mining, LLC <br />P.O. Box 535 <br />3737 Highway 133 <br />Somerset, CO 81434 <br />Re: Elk Creek and Sanborn Creek Mine (Permit No. C-1981-022) <br />Proposed Decision - Technical Revision No. 59 (TR-59) <br />Application for Federal Coal Lease, Mine Plan and Permit Boundary Changes <br />Dear Mr. Kiger: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Enclosed you will find the Division of Reclamation, Mining and'Safety's Proposed Decision for Technical <br />Revision No. 59 at the Elk Creek and Sanborn Creek Mine. Notice of the proposed decision will be <br />published in the Delta County Independent as soon as possible. The first publication will initiate the ten <br />(10) day public comment period for the Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision <br />application was sent to the Office of Surface Mining and the Bureau of Land Management. The material <br />should be sent within 15 days of final approval. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of <br />Bond Held equals or exceeds the Revised Liability, you need not submit additional bond. However, if the <br />Revised Liability exceeds the Bond Held, please submit additional bond or rider to your existing bond <br />that equals or exceeds the Revised Liability. This Technical Revision must not be implemented until this <br />proposed decision becomes final and until any required increase in bond is submitted to and approved by <br />the Division. <br />If you have any questions, please contact me. <br />Sincerely, <br />Marcia L. Talvitie <br /> <br />Environmental Protection Specialist <br />Enclosure <br />cc: Carl Johnston, Office of Surface Mining, with enclosures <br />-?I•?QSSlahditea?pl('-TR_nF Cloulm? nn •r intmnnuiniF?z d? <br />Office of Office of