2009-02-10_REVISION - C1981022 (3)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 COLORADO Denver, Colorado 80203 D I V I S I O N OF Phone: (303) 866-3567 RECLAMATION FAX: (303) 832-8106 M I N I N G - SAFETY February 10, 2009 Bill Ritter, Jr. U.S. Forest Service Governor GMUG National Forest Harris D. Sherman 2250 Hwy 50 Executive Director CO 81416 Delta Ronald W. Cattany , Division Director Natural Resource Trustee Re: Proposed Decision Permit Renewal Application No. 5 (RN-5) Elk Creek and Sanborn Creek Mine (Permit No. C-1981-022) Dear Sir or Madam: The Colorado Division of Reclamation, Mining and Safety is proposing to approve a renewal application for coal mining and reclamation permit. The application was submitted by Oxbow Mining, LLC on March 20, 2008 for the Elk Creek and Sanborn Creek Mine. In accordance with Rule 2.07.4(2)(c) of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, we are providing notice of this proposed decision. Any person with an interest which may be adversely affected by the proposed decision may request a formal hearing before the Mined Land Reclamation Board within 30 days of the first publication of the public notice by the Division in the Delta County Independent. The underground mine is located just north of Somerset, Colorado. The permit area is further described as follows: Township 12 South, Range 90 West, 6th PM - all or parts of Sections 29 - 32 Township 12 South, Range 91 West, 6th PM - all or parts of Sections 25 - 27 and 34 - 36 Township 13 South, Range 89 West, 6th PM - all or parts of Sections 6 and 7 Township 13 South, Range 90 West, 6th PM - all or parts of Sections 1 - 12 and 17 Township 13 South, Range 91 West, 6th PM - all or parts of Sections 1 - 3 and 11 - 13 Copies of the renewal application are available for public review in the Division offices at the above address and at the Delta County Clerk and Recorder. A Copy of the Division's "Proposed Decision and Findings of Compliance" is also available at those locations. If you have any questions, please contact me. Sincerely, Marcia L. Talvitie Environmental Protection Specialist C-RN-16A C1981022 MLT 02102009030544.doc Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines