2009-06-05_REVISION - C1981022 ‎(2)‎

• Permit No: C1981022
• IBM Index Class Name: REVISION
• Doc Date: 6/5/2009
• Doc Name: Preliminary Adequacy Review
• From: DRMS
• To: Oxbow Mining
• Type & Sequence: TR63
• Email Name: MLT
• Media Type: D
• Archive: No

C-1981-022 Elk Creek Mine
TR-63 Preliminary Adequacy Review
05 June 2009
Page 2 of 3
Exhibit 2.03-E1 - Right of Entry, but the PAP would appear to contain very little
information regarding the construction and maintenance and postmining
conditions of the privately owned sections Bear Creek Canyon Road that are
within the permit boundary.
Please provide specific details that describe how OMLLC will ensure that in the
construction, maintenance, and postmining conditions of the Bear Creek
Canyon Road into and across the site of operations it will control or prevent
erosion and siltation, pollution of air or water, and damage to public or private
property.
2) Section E on Page 2.05-31 a of the PAP describes Degasification Well Roads.
Please update this section to incorporate information described in TR-63.
3) Reclamation Cost Estimate
The Division has completed its Reclamation Cost Estimate for the additional
disturbance proposed by TR-63. A copy of the RCE is attached, for your review.
The RCE for TR-63 will increase the current liability amount ($4,292,732.00) by
$336,520.00, resulting in a total liability of $4,629,252.00. OMLLC currently has
a Corporate Surety bond posted with the Division in the amount of $4,385,086.00,
which is insufficient to cover the proposed increase.
Please provide the Division with an increase of $244,166.00 to the bond amount
for the Elk Creek Mine to cover the reclamation costs associated with the
additional disturbance proposed by TR-63.
Comments to the notice of TR-63 application have been received from three agencies,
detailed as follows:
4) U.S. Forest Service
Liane Matson of the USFS (GMUG) provided the Division with the agency's
comments in an Email on 15-May-2009 (copy attached). Three of the proposed
methane ventilation boreholes fall within an Inventoried Roadless Area (IRA) on
the national forest.
Please be aware that the TR-63, in its current form, cannot be approved until
the USFS grants Right-of-Entry for those roads, pads and boreholes contained
within the IRA.
5) Colorado Historical Society
The State Historic Preservation Officer (SHPO) provided the Division with a
letter in response to its review'of the TR-63 application. A copy of that letter,
received on 19-May-2009, is attached. The SHPO letter requires that, "Prior to