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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 />June 3, 2010 <br />Jim Kiger <br />Oxbow Mining, LLC <br />P.O. Box 535 <br />3737 Highway 133 <br />Somerset, CO 81434 <br />Re: Elk Creek Mine (Permit No. C-1981-022) <br />Technical Revision No. 69 (TR-69) <br />TR-69 Revised Mine Plan <br />Dear Mr. Kiger: <br />COLORADO <br />D I V1 S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />Loretta E. Pineda <br />Director <br />We have received your technical revision application to revise your permit to conduct coal mining in Colorado. <br />Our initial review indicates that all preliminary items required by the Colorado Surface Coal Mining Reclamation <br />Act, Section 34-33-101 et seq., C.R.S., have been submitted. Thus, your application has been considered complete <br />for the purposes of filing as of June 3, 2010. All review and comment periods as provided in the Act and the <br />Regulations initiate from this date of filing. <br />Unless notification to the contrary accompanies this letter, the proposed newspaper advertisement submitted with <br />the application has been found to be satisfactory. You should publish this advertisement as specified in <br />Rule 2.08.4(6) of the Regulations. Proof of the publication of the advertisement must be filed with the Division as <br />soon as available after the publication date. <br />Coincident with the publication, a copy of the revision application, less confidential items, must be filed for public <br />inspection with the appropriate public office as specified by you in the notice. Any subsequent changes or <br />additions to the application must also be made in this copy, at the same time it is submitted to the Division. <br />The Division is currently reviewing your revision application to determine whether the items you have submitted <br />are adequate in terms of meeting the requirements of the Act and Regulations. In accordance with <br />Section 34-33-116(5) of the Act, a proposed decision approving or denying this application will be issued no later, <br />than August 2, 2010. <br />If you have any questions, please contact me. <br />Sincerely, <br />Michael P. Boulay <br />Environmental Protection Specialist <br />C-TR-02_C I981022_MPB_06032010111639.doc <br />Office of <br />Office of <br />Mined Land Reclamation Denver Grand Junction • Durango Active and Inactive Mines