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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 17, 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 />Proposed Decision - Technical Revision No. 65 (TR-65) <br />Ventilation Boreholes <br />Dear Mr. Kiger: <br />COLORADO <br />DIVISION 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 />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision for Technical <br />Revision No. 65 at the Elk Creek Mine. In a letter to the Division dated June 9, 2010, the USDA-Forest Service, <br />Grand Mesa, Uncompahgre and Gunnison National Forest (GMUG) identified a list of conditions that are <br />necessary to protect federal resources and support the post mining land use of aspen management, as defined by <br />the GMUG forest plan. These conditions brought forward by GMUG as the land management agency are included <br />in this decision. Notice of the proposed decision will be published in the Delta County Independent as soon as <br />possible. The first publication will initiate the ten (10) day public comment period for the Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision application <br />was sent to the Office of Surface Mining and the Bureau of Land Management. The material should be sent within <br />15 days of final approval. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of Bond <br />Held equals or exceeds the Revised Liability, you need not submit additional bond. However, if the Revised <br />Liability exceeds the Bond Held, please submit additional bond or rider to your existing bond that equals or <br />exceeds the Revised Liability. This Technical Revision must not be implemented until this proposed decision <br />becomes final and until any required increase in bond is submitted to and approved by the Division. <br />If you have any questions, please contact me. <br />Sincerely, <br />Michael P. Boulay <br />Environmental Protection Specialist <br />Enclosure <br />cc: Carl Johnston, Office of Surface Mining, with enclosures <br />Levi Broyles, US Forest Service, Paonia Ranger District <br />C-lWfq.C, &1981022_MPB_06172010104046.doc Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines