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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 />March 5, 2010 <br />Carl Johnston <br />Office of Surface Mining <br />Western Regional Coordinating Center <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 <br />Re: Elk Creek Mine (Permit No. C-1981-022) <br />Technical Revision Application No. 67 (TR-67) <br />2010 Exploration Borehole Plan <br />Dear Mr. Johnston: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 116, <br />Paragraph 4, of the Colorado Revised Statutes, that on March 5, 2010, an application to revise coal mining operations at the Elk <br />Creek Mine was considered complete for the purposes of filing. The revision was submitted by Oxbow Mining, LLC. All <br />review and comment periods as provided in the Act and the Regulations initiate from this date of filing. <br />With this technical revision, Oxbow Mining, LLC proposes to conduct a 2010 exploration borehole drilling program. This TR <br />provides for a plan for the installation of temporary light use roads and drilling of nine (9) exploration boreholes on the current <br />Elk Creek Mine Permit Area. The operator has requested 3.91 acres of new disturbed area with this revision application. <br />The underground coal mining operation is on land located just north of Somerset, Colorado. The permit area is further <br />described as follows: <br />Township 12 South, Range 90 West, 6th PM - all or parts of Sections 29 - 32 <br />Township 12 South, Range 91 West, 6th PM - all or parts of Sections 25 - 27 and 34 - 36 <br />Township 13 South, Range 89 West, 6th PM - all or parts of Sections 6 and 7 <br />Township 13 South, Range 90 West, 6th PM - all or parts of Sections 1 - 12 and 17 <br />Township 13 South, Range 91 West, 6th PM - all or parts of Sections 1 - 3 and 11 - 13 <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Somerset and Bowie. <br />The applicant is required to publish notice in a local newspaper that this application has been deemed complete. At the time of <br />publication of this notice, the applicant is additionally required to place a copy of this application at the Delta County Clerk & <br />Recorder, 501 Palmer Street, Room 211, Delta, CO 81416, Gunnison County Clerk & Recorder, 221 N. Wisconsin, Gunnison, <br />CO 81230, Paonia Public Library, 2 Third Street, Paonia, CO 81428, and at the Division office. For additional information or <br />to provide written comments, contact the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, <br />Denver, Colorado 80203, (303) 866-3567. In order for us to comply with regulatory time frames, we request that comments be <br />submitted within fifteen (15) days of this letter. If no comments are received by then, we will proceed on the assumption that <br />you have no concerns with, or objections to, the applicant's proposal. <br />Sincerely, <br />ichael P. Boulay <br />Environmental Protection Specialist <br />C-I t,C6?aio22_MPS_03052010105s3s.doo Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines