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United States Forest Paonia <br />USDA Department of Service Ranger District <br />Agriculture PHONE NO. 970 - 527 -4131 <br />P.O. Box 1030 <br />N Rio Grande Ave. <br />Paonia, CO 81428 <br />FAX 970 -527 -4151 <br />File Code 2820 -4. <br />Date November 10, 2009 <br />Ms. Marcia Talvitie <br />Environmental Protection Specialist <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />- _,Dear -Ms: Talvit-ie, - - - - -- <br />,/ jog <br />iip <br />'l a <br />We reviewed Oxbow Mining, LLCs submittal for Technical Revision 64 (TR -64) to the Elk <br />Creek and Sanborn Creek Mine Permit. TR -64 involves installing 3 gob ventilation boreholes <br />and constructing about 0.5 mile of new road on national forest system lands. <br />At this stage of the State - Federal Cooperative Agreement for managing federal coal resources in <br />Colorado (30 CFR Part 906.30, Appendix B), the Forest Service role as the federal land . <br />managing agency (or FLMA) is to identify post - mining land use and assess the adequacy of <br />measures to protect federal resources. <br />We find the submittal has inadequate information regarding the consistency of the proposal with <br />stipulations on the applicable federal coal lease, and request that Oxbow provide this <br />information. We also require additional information on how drilling fluids will be managed. <br />In addition, the activities proposed in TR -64 lie within an inventoried roadless area. The Forest <br />Service is currently operating under Secretary's (of Agriculture) Memorandum 1042 -154 in <br />which the Secretary reserved decision - making authority over road construction in inventoried <br />roadless areas. As a result, we must complete consultation with the Secretary's office before we <br />can take further action on this technical revision. This consultation has begun, and we will keep <br />you informed of its progress. <br />' Please contact Ryan Taylor, District Minerals Administrator at (970) 527 -4131, or <br />rztaylor @fs.fed.us with any questions you may have. <br />Sincerely, <br />I 1 4il Z �, <br />LEVI K. BROYLES <br />District Ranger <br />S Caring for the Land and Serving People Printed on Recycled Paper `a* <br />