2009-11-02_REVISION - C1981022 (2)

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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 November 2, 2009 Tom Spezze SW Regional Wildlife Manager Colorado Division of Wildlife SW Regional Service Center 415 Turner Drive Durango, CO 81303 Re: Elk Creek and Sanborn Creek Mine (Permit No. C-1981-022) Technical Revision Application No. 64 (TR-64) Ventilation Boreholes (3) Dear Mr. Spezze: COLORADO DIVISION OF RECLAMATION MINING - &I-- SAF ETY 8111 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 November 2, 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 three (3) gob vent boreholes at the Elk Creek Mine. Three drill pads and associated temporary, light use roads will be installed; the boreholes will be 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 incorporate additional lands into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, we are requesting your agency's evaluation of the proposal. Your comments and concerns relating to the adequacy of fish and wildlife resources information, the fish and wildlife plan, and the reclamation plan as it relates to fish and wildlife considerations, including potential impacts to threatened or endangered species, are requested. If wildlife habitat is the proposed postmining land use, we request your evaluation of proposed woody plant stocking levels, planting arrangements, and methods for mitigation of potential adverse impacts. Please advise us if you require additional information. Office of Office of Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines