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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 />05 June 2009 <br />James A. Kiger <br />Environmental Manager <br />Oxbow Mining, LLC <br />P.O. Box 535 <br />Somerset, CO 81434 <br />Re: Permit No. C-1981-022 - Elk Creek Mine <br />Technical Revision No. 63 (TR-63) - Ventilation Boreholes <br />Preliminary Adequacy Review <br />Dear Mr. Kiger: <br />COLORADO <br />DIVISION 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 />The Division received your 29 April 2009 application for Technical Revision No. 63 on <br />01 May 2009, and determined it to be Complete for purposes of filing on the same day. <br />TR-63 requests the addition of up to 23 methane ventilation boreholes. The anticipated <br />surface disturbance will be approximately 10.0 acres for pad sites and 9.4 acres for new <br />light use road construction. Three of the pad sites are on BLM lands and 17 are located <br />on private (Hotchkiss) property. The remaining three pad sites are on lands under the <br />control of the U.S. Forest Service. <br />The Division has completed its preliminary adequacy review of the revision. Our <br />comments are presented below, for your consideration and response. <br />1) Bear Creek Canyon Road <br />This road will be used to provide access to the proposed borehole pad sites. On <br />page 2.05-29a of the Elk Creek Mine PAP, Bear Creek Canyon Road is <br />categorized as an "improved public access dirt road". Historically, the usage of <br />the road has been what might be termed "light". However, traffic on the road has <br />recently increased with construction of the Bear Creek Fansite Facility. Once the <br />facility becomes operational, mine-related traffic along the Bear Creek Road may <br />be more frequent than it was prior to construction. The addition of vehicular <br />traffic for the development of 23 boreholes would appear to push the Bear Creek <br />Road toward the usage described by the "Access Road" category (Section <br />1.04(111) of the Rules). The Division understands that the Operator's <br />maintenance and operation of BLM-owned portions of the road are addressed in <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines