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Elk Creek Mine TR-60 <br />2nd Adequacy Review <br />16 Dec 2008 <br />Page 7 of 9 <br />Rule 4.05.18 - Stream Buffer Zones <br />18. The drainage area of Bear Creek appears to be greater than one square mile. <br />Prior to issuing a proposed decision to approve TR-60, the Division will be <br />required to make a finding, as described in (1) (a) - (c) of this rule. Please <br />ensure that each applicable requirement of Sections 4.05.3 and 4.05.4 has been <br />fully addressed in the application. <br />The November 26, 2008 response states that Oxbow believes it is in compliance <br />with the requirements of Rule 4.05.18: The Division has no further comments at <br />this time. <br />General Comments <br />19. The second paragraph on the revised page that contains Table 2.05-E5-T2 <br />contains a discussion on the reclamation of satellite facilities. Please add the <br />Bear Creek fan site to this discussion. Also, please add the appropriate page <br />number to this page. <br />The Division has no further concerns. Page 2 of Section 2.05-E5 was revised <br />appropriately in the November 26, 2008 submittal. <br />20. In the first sentence of the last paragraph on revised page 2.05-12b, please <br />include the correct exhibit numbers for the two referenced exhibits. <br />A revised page 2.05-12b was provided in the November 26, 2008 submittal. <br />However, please revise page 2.05-12b to read Exhibit 2.05-M6 Sheet 7 of 7, not <br />Sheet 6 of 6. <br />21. Table 2.05-E5-TI - Soil Recovery and Replacement Summary has been modified <br />to include the Bear Creek Fansite. However, this is the only reference to the Bear <br />Creek D-Seam Fansite. Please eliminate the reference to "D-Seam ", which is <br />confusing. <br />The Division has no further concerns; Table 2.05-E5-T1 was revised <br />appropriately in the November 26, 2008 submittal. <br />22. Based on the Division's copy of the PAP, the revised page numbered 2.05-23b <br />should actually be 2.05-22b. Please revise or explain. <br />The Division has no further concerns; the page number has been changed. <br />23. Based on the Division's copy of the PAP, the revised page numbered 2.05-29b <br />should actually be 2.05-29a. Please revise or explain.