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United States Forest Paonia <br />USDA Departinent 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 970-5274151 <br />File Code: 2820-4 <br />Date: November 19, 2009 <br />Ms. Marcia Talvitie <br />Environmental Protection Specialist <br />CDRMS <br />691 CR 233 <br />Suite A•-2 <br />Durango, CO 81301 <br />Dear Marcia, <br />paved <br />NOV 2 0 2009 <br />?l <br />DurarV: Y<wi J 5?1 ? <br />pivision of is ciar?tt1?11? <br />,,,,Yining and Sat®ty <br />- - We have reviewed 6xbow-Mining LLC's submittal for Technical Revision 65-(TR=65) to th`e Elk"' <br />Creek Mine permit. With respect to Forest Service managed lands, TR-65 involves installing 12 <br />gob ventilation boreholes and constructing about 2.0 miles of new temporary roads. <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 to evaluate if the proposal is consistent with <br />stipulations on the applicable federal coal lease, and request that Oxbow provide this information <br />(i.e., Are any >60% slopes crossed?; Are there geologic hazards that will be crossed by access <br />roads or drill pads?). If Oxbow requires relief from lease stipulations, the USFS needs to know <br />that information in advance. We also request additional information on how drilling fluids will <br />be managed. <br />In addition, activities proposed in TR-65 lie within an inventoried roadless area (IRA). The <br />Forest Service is currently operating under Secretary's (of Agriculture) Memorandum 1042-154 <br />in which the Secretary reserved decision-making authority over road construction in IRAs. As a <br />result, we must complete consultation with the Secretary's office before we can take further <br />action on this technical revision. This consultation process has begun, and we will keep you <br />informed of its progress. <br />Please contact Ryan Taylor, District Minerals Administrator at 970-527-4131, or via email at <br />rzta•lornae fs.fed.us with any questions or concerns. <br />Sincerely, <br />LEVI K. BR I <br />District Ranger <br />cc: Jim Kiger <br />Caring for the Land and Serving People Printed on Recycled Paper `af