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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 />02 December 2009 <br />James A. Kiger <br />Oxbow Mining, LLC <br />P.O. Box 535 <br />Somerset, CO 81434 <br />Re: Elk Creek Mine - Permit No. C-1981-022 <br />Technical Revision No. 64 (TR-64) - Ventilation Boreholes (3) <br />Preliminary Adequacy Review <br />Dear Mr. Kiger: <br />COLORADO <br />D I V IS I ON OF <br />RECLAMATION <br />MINING <br />-&- <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 of Reclamation, Mining and Safety received an application for TR-64 from <br />Oxbow Mining LLC (OMLLC) on 26 October 2009 and determined it to be Complete for <br />purposes of filing on 2 November. Proof of Publication of the Public Notice (Delta <br />County Courier) was provided to the Division on the 10th of November. <br />This TR provides for the addition of three gob vent boreholes and associated temporary <br />light use roads. A total of 2.4 acres of disturbance is proposed for construction of the <br />roads and drill pads. These boreholes were previously proposed with the TR-63 <br />application, but were withdrawn prior to approval when USFS approval and concurrence <br />could not be granted. <br />Agency Comments <br />In response to the Division's notification to other agencies of this application for a <br />technical revision to the Elk Creek Mine permit, only two responses have been received. <br />The USFS Paonia Ranger District submitted comments in a letter dated 10 November <br />2009. Please note that the USFS requires additional information regarding the <br />application. In addition, as you are aware, the proposed activities lie within an <br />inventoried roadless area. The Division will be unable to issue a decision to approve TR- <br />64 until these issues are resolved to the satisfaction of the USFS. A letter was also <br />received from the State Historic Preservation Officer (dated 9 November 2009). The <br />SHPO concurs that a finding of no historic properties affected is appropriate. Copies of <br />both response letters are enclosed for your reference. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines