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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 />COLORADO <br />D I V I S ION O F <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br />08 January 2010 Harris D. Sherman <br /> Executive Director <br />James A. Kiger Ronald W. Cattany <br />Oxbow Mining, LLC Division Director <br />Natural Resource Trustee <br />P.O. Box 535 <br />Somerset, CO 81434 <br />Re: Elk Creek Mine - Permit No. C-1981-022 <br />Technical Revision No. 65 (TR-65) - Ventilation Boreholes <br />Reclamation Cost Est imate <br />Dear Mr. Kiger: <br />In its preliminary adequacy review letter, dated 29-Dec-2009, the Division mistakenly <br />stated that Proof of Publication of the Public Notice (Delta County Courier) had not yet <br />been received. Thank you for your reminder that you submitted the POP via Email on <br />the 18th of November. <br />The Division has completed its Reclamation. Cost Estimate for the additional disturbance <br />proposed by TR-65. A copy of the RCE is attached, for your review. TR-65 will <br />increase the current liability amount ($4,489,005.00 as determined for TR-64) by <br />$465,563.00, resulting in a total liability of $4,954,568.00. OMLLC currently has a <br />Corporate Surety bond posted with the Division in the amount of $4,721,606.00, which is <br />insufficient to cover the proposed increase. <br />Please provide the Division with an increase of $232,962.00 to the bond amount for the <br />Elk Creek Mine to cover the reclamation costs associated with the additional <br />disturbance proposed by TR-65. <br />Sincerely, <br />?ll[C?iL? • O/Lus?,7?! <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />Enclosure - (1) <br />cc: Sandy Brown, DRMS (w/o enclosure) <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction • Durango Active and Inactive Mines