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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 />July 7, 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. 69 (TR-69) <br />TR-69 Revised Mine Plan <br />Dear Mr. Kiger: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />BqWffWrJr. <br />Gj'gWP%r. Martin <br />Executive Director <br />Mike King <br />Elt@[> HPA-I r <br />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. 69 at the Elk Creek Mine. Notice of the proposed decision will be published in the Delta <br />County Independent as soon as possible. The first publication will initiate the ten (10) day public <br />comment period for the Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision <br />application was sent to the Office of Surface Mining and the Bureau of Land Management. The material <br />should be sent within 15 days of final approval. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of <br />Bond Held equals or exceeds the Revised Liability, you need not submit additional bond. However, if the <br />Revised Liability exceeds the Bond Held, please submit additional bond or rider to your existing bond <br />that equals or exceeds the Revised Liability. This Technical Revision must not be implemented until this <br />proposed decision becomes final and until any required increase in bond is submitted to and approved by <br />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' Car-1- T}? -sten (lra of &Z-f I-Wfii iag, with anrlosums <br />Office of C-TR-06 C1981022_MPB_07072010121857.doc Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines