2008-10-10_REVISION - C1981022 (6)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver Colorado 80203 COLORADO , Phone: (303) 866-3567 DI V IS S DI ON OF RECLAMATION FAX: (303) 832-8106 MINING SAFETY October 10, 2008 Bill Ritter, Jr. Ryan Taylor Governor U.S. Forest Service Harris D. Sherman Paonia Ranger District Executive Director P.O. BOX 1030 Ronald W. Cattany Paonia, CO 84128 Division Director Natural Resource Trustee Re: Elk Creek and Sanborn Creek Mine (Permit No. C-1981-022) Technical Revision Application No. 60 (TR-60) Bear Creek Fansite Facility Dear Mr. Taylor: The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 116, Paragraph 4, of the Colorado Revised Statutes, that on October 9, 2008, an application to revise coal mining operations at the Elk Creek and Sanborn Creek Mine was considered complete for the purposes of filing. The revision was submitted by Oxbow Mining, LLC. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. This Technical Revision provides for the addition of the Bear Creek shaft and fan facility and up to three 6" utility boreholes. The facility will comprise approximately 2.3 acres, located in the Bear Creek drainage approximately 2 miles North of SH 133, and located entirely on Oxbow fee surface and minerals land in Gunnison County. The underground coal mining operation is on land located North of Somerset, Colorado. The permit area is further described as follows: Townshin 12 South. Range 90 West, 6th PM: Township 12 South, Ranee 91 West, 6th PM: Township 13 South, Range 89 West, 6th PM: Township 13 South, Range 90 West, 6th PM: Township 13 South, Range 91 West, 6th PM: All or parts of Sections 29 - 32 All or parts of Sections 25 - 27 and 34 - 36 All or parts of Sections 6 and 7 All or parts of Sections 1 - 12 and 17 All or parts of Sections I - 3 and 11 - 3 The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle maps of Somerset and Bowie. The applicant is required to publish notice in a local newspaper that this application has been deemed complete. At the time of publication of this notice, the applicant is additionally required to place a copy of this application at the Delta County Clerk and Recorder, 501 Palmer Street, Room 211, Delta, CO 81416, and at the Division office. For additional information or to provide written comments, contact the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567. In order for us to comply with regulatory time frames, we request that comments be submitted within fifteen (15) days of this letter. If no comments are received by then, we will proceed on the assumption that you have no concerns with, or objections to, the applicant's proposal. Sincerely, Marcia L. Talvitie Environmental Protection Specialist M:\OSS\ahd\temp\C-TR-03_C 1981022_MLT_l0102008104714.doc Office of Office of