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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: 07 January 2008 <br />To: Elk Creek Mine (Permit No. C-1981-022) <br />TR-60 - Bear Creek Fansite Facility - File <br />From: Marcia L. Talvitie <br />Subject: Rules 4.05.3, 4.05.4 and 4.05.18 Findings <br />COLORADO <br />D IV IS 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 />Oxbow Mining, LLC (OMLLC) is proposing to construct a temporary fill for the Bear <br />Creek Fansite Facility. Fill material will be placed within the existing channel of Bear <br />Creek. The creek will be diverted through the fill via a culvert pipe 6 feet in diameter <br />and -450 feet in length. Drawing No. 2.05-El-BCA1 depicts existing conditions, and the <br />proposed Facilities Layout with Drainage and Sediment Control is illustrated on Drawing <br />No. 2:05-E 1-BCA2. <br />Following mining operations, the culvert pipe will be removed and the Bear Creek <br />channel will be reconstructed in compliance with Rule 4.05.4. The Division has <br />reviewed OMLLC's channel reconstruction plans. These are detailed on the Facility Post <br />Mine Topography Map (Map No. 2.05-M6 - Sheet 7), and in Sections 7 and 10 of Exhibit <br />2.05-E3. <br />These proposed activities require specific authorization by the Division in accordance <br />with Rule 4.05.4, Stream Channel Diversions (Relocation of Streams) and Stream <br />Channel Reconstruction, and Rule 4.05.18, Stream Buffer Zones. Therefore, the Division <br />makes the following findings: <br />1. The stream channel will be reconstructed in accordance with the requirements of <br />Rule 4.05.4. <br />2. During and after mining, the water quantity and quality from the stream section <br />within 100 feet of the surface coal mining operations shall not be adversely <br />affected. <br />3. The reclamation plan provides for the reestablishment of appropriate Mountain <br />Shrubland vegetation. <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction • Durango Active and Inactive Mines