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 Phone: (303) 866-3567 FAX: (303) 832-8106 COLORADO D IV IS I ON OF RECLAMATION MINING SAFETY October 10, 2008 Tom Spezze SW Regional Wildlife Manager Colorado Division of Wildlife SW Regional Service Center 415 Turner Drive Durango, CO 81303 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. Spezze: Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee 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: Township 12 South, Range 90 West, 6th PM: Township 12 South, Range 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 I - 12 and 17 All or parts of Sections 1 - 3 and I 1 - 3 The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle maps of Somerset and Bowie. Because the above referenced technical revision application might otherwise alter previously approved permit conditions or mitigation measures, we are requesting your agency's evaluation of the proposal. Your comments and concerns relating to the adequacy of fish and wildlife resources information, the fish and wildlife plan, and the reclamation plan as it relates to fish and wildlife considerations, including potential Office of Office of