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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 24, 2008 <br />Mr. James A. Kiger <br />Environmental Manager <br />Oxbow Mining, LLC <br />3737 State Highway 133 <br />P.O. Box 535 <br />Somerset, CO 81434 <br />RE: Permit No. C-1981-022 - Elk Creek Mine <br />TR-59 Federal Coal Lease, Mine Plan and Permit Boundary Changes <br />Withdraw of Proposed Decision <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 />The Division of Reclamation, Mining and Safety is hereby withdrawing its proposed decision to <br />approve Technical Revision No. 59 at the Elk Creek Mine. Rule 2.03.6(1) (34-33-110(2)0)) <br />requires legal right of entry to conduct coal mining operations. <br />It has come to our attention an Administrative Appeal has been filed on the U.S. Forest Service <br />Finding of No Significant Impact (FONSI) for Federal Coal Lease COC-61357 Modification, <br />Tract 4. Approval of the lease modification would be the basis for Oxbow Mining LLC's legal <br />right to enter. Under federal law, the U.S. Forest Service decision is not final until the appeal <br />process concludes. Therefore, at this time, there is no effective right to enter for the areas <br />proposed in TR-59. The Division will reconsider its decision pending the outcome of the appeal <br />to the USFS FONSI on Lease COC-61357 Modification, Tract 4. <br />Please contact me if you have any questions. <br />Sincerely, <br />(?C-wtiti? <br />-4?? 6??e <br />Sandra L. Brown <br />Sr. Environmental Protection Specialist <br />CC. Carl Johnston, Office of Surface Mining <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines