2008-08-18_REVISION - C1981022 (2)

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C-1981-022 - Elk Creek Mine RN-05 Preliminary Adequacy Review 18-Aug-2008 Page 2 of 4 Section 2.01 - General Requirements - Existing` Operations 5. Please update Sections 2.01.3 and 2.01.5 to reflect current information. Section 2.02 - General Requirements - Coal Exploration 6. Please update Sections 2.02.2, 2.02.6, 2.02.7 and 2.02.8 to reflect current information. Section 2.03 - Legal Financial Compliance and Related Information 7. Please review Sections 2.03.3 (Format and Supplemental Information), 2.03.4 (Identification of Interests) and 2.03.5 (Compliance Information), which were last updated for MR-79 in May 2006, and revise as necessary. Please update the Identification of Interests Permit pages 2.03-6 through 2.03-9 (revised September 2001) with an Assistant Secretary's Certificate for both companies, Oxbow Mining, LLC and Oxbow Carbon & Minerals Holdings, Inc. The information in the permit does not match information in AVS. 9. Please review Section 2.03.6 and verify that the various Legal Descriptions reflect the currently approved boundaries, updating if necessary. 10. Please review Section 2.03. 10 and verify that the list of Other Licenses and Permits (last updated September 2003 under TR-43) reflects current information, updating as necessary. 11. Please review Sections 2.03.11 (Location of Public Office for Filing of Application) and 2.03.12 (Newspaper) and update the information as necessary. Section 2.04.11 Fish and Wildlife Resources Information 12. One of the criteria for permit renewal approval, stated under Rule 2.07.6(2)(n), requires the Division to make a finding that "the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973 (16 USC Sec. 1531 et seg.) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-2-101 et sec ., C.R.S.) Therefore, please review the information in Section 2.04-10, Vegetation Information, Section 2.04.11, Fish and Wildlife Information, Section 2.05.6(2), Fish and Wildlife Plan, Exhibit 2.04-E6, Vegetation Information and Exhibit 2.04-E7, Fish and Wildlife Information in the permit application and confirm to the Division in writing that all threatened and endangered species and candidate species and their habitats listed for Delta County and Gunnison County have been discussed and evaluated. If not, a new