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recall that the TR-59 approval will also included revised Legal descriptions. The approved TR- <br />59 pages will contain the latest legal description. <br />Item 12. Vegetation, Fish and Wildlife Information - Please see attached revised pages <br />2.04-106, 108 and 109. Based upon current information and reviews of the various plant and <br />animal species of concern in Gunnison and Delta Counties, the continued existence and <br />operation of the OMLLC facility will not adversely effect or contribute to a loss of viability of <br />any of these T & E or candidate species or their habitats. <br />Item 13. Mans - Oxbow has attached modified Maps 2.03-M1, Sheets 1 and 2 of 2, Map <br />2.04-M1, Sheets 1 and 2 of 3, and Map 2.04-M2. <br />Item 14. Performance Bond Updates. - Oxbow has reviewed the Division's revised cost <br />estimate of $4,008,068.00 and found it to be acceptable. We also understand that Oxbow will <br />need to provide a rider to the current surety to raise the surety amount to cover the new liability. <br />Our preference is to also address the increased liability for the Bear Creek Fansite addressed <br />under TR-60. We are in contact with the Division to facilitate discussions regarding the efficient <br />processing of a Increase Rider to the surety. <br />Please contact me at 970-929-5806 if I can provide any additional information or if you have any <br />questions. <br />Sincerely, <br />ames A. Kiger <br />Environmental Manager <br />Enclosures <br />Xc: Jim Cooper (OMLLC) <br />Gunnison County Planning Office <br />David Rice, Delta County Planning <br />CDRMS Coal Program Staff <br />Paonia Public Library <br />USFS, Paonia Ranger District <br />BLM, UFO <br />Files <br />0 Page 2