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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 />DATE: December 16, 2008 <br />COLORADO <br />D I V I S I O N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />TO: Marcia Talvitie <br />Harris D. Sherman <br />Executive Director <br />FROM: Joe Dudash Ronald W. Cattany <br />0 Division Director <br />RE: Elk Creek Mi"`nne, Permit No. C-1981-022, Oxbow Mining LLC Natural Resource Trustee <br />Technical Revision No. 60, Bear Creek Fan Site, Second Adequacy Review <br />I have finished my review of Oxbow's responses, dated November 26, 2008, to the Division's <br />preliminary adequacy review letter, dated November 10, 2008, for Technical Revision No. 60 for <br />the Elk Creek Mine. The following is the resolution status of my original comments and <br />questions. The numbering is consistent with the numbering of the Division's preliminary <br />adequacy review letter. Question number 21 is a new question, however. <br />Please describe the fan shaft construction measures that Oxbow will employ to prevent or <br />minimize ground water flow seeping into the fan shaft. <br />The Division has no further concerns. Oxbow described the pre-drilling and grouting <br />procedure that will be used if ground water is encountered. <br />2. Rule 2.05.6(3) requires that ground water quantity be protected from proposed mining <br />operations. Please propose a hydrologic monitoring program to determine the <br />occurrence and quantity of water that seeps into the fan shaft from the Bear Creek <br />alluvium. <br />Oxbow responded in their November 26, 2008 submittal that the current plan of <br />monitoring water seepage into the mine and reporting this seepage in the annual <br />hydrologic report is sufficient. However, the Division does not believe that annual <br />monitoring and reporting can provide enough of an early warning of any problems that <br />might be occurring due to the shaft being so close to Bear Creek. The Division requests <br />that the presence and quantity of groundwater inflow into the shaft be measured and <br />reported to the Division on a monthly basis during, if possible, and after construction of <br />the shaft. <br />3. The text at the beginning of Section 9 of the TR-60 submittal states that the entire Bear <br />Creek fan site is a small area exemption (SAE). However, the hydrology designs <br />presented in TR-60 designate only three portions of the disturbed area as SAES. Other <br />disturbed areas, such as the cut slopes and pad area, are not designated as an SAE on <br />office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines