2009-05-01_REVISION - C1981022 (5)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 May 1, 2009 Shina Duvall Colorado Historical Society The Colorado History Museum Office Archeology & Historical Preservation 1300 Broadway Denver, CO 80203 Re: Elk Creek and Sanborn Creek Mine (Permit No. C-1981-022) Technical Revision Application No. 63 (TR-63) Ventilation Boreholes Dear Ms. Duvall: COLORADO D I V I S ION OF RECLAMATION MINING SAFETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 116, Paragraph 4, of the Colorado Revised Statutes, that on May 1, 2009, an application to revise coal mining operations at the Elk Creek and Sanborn Creek Mine was considered complete for the purposes of filing. The revision was submitted by Oxbow Mining, LLC. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. This Technical Revision provides for the addition of gob ventilation boreholes at the Elk Creek Mine. It represents a one-year drilling plan, wherein drill pads; associated temporary, light use roads; and up to 23 mine ventilation boreholes will be installed, fitted with pumps for mine ventilation, and eventually reclaimed. The underground coal mining operation is on land located approximately 0 miles 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. The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle maps of Somerset and Bowie. Because the above-referenced technical revision application would increase the disturbed area within the permit boundary by 19.4 acres, we are requesting your agency's evaluation of the potential for impacts to cultural and historic resources. In accordance with the May 1991 Memorandum of Understanding (MOU) between our agencies, we must have your concurrence in order to approve this proposal. We are required to make a finding that "the proposed operations will not adversely affect any publicly owned park or place listed on or those places eligible for listing, Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines