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OXBOW MINING, LLC <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA Tel (970)929-5122 Fax <br />(970)929-5177 <br />September 17, 2010 <br />Mr. Kent A. Gorham RF-C Ivr-0 <br />Environmental Protection Specialist III 2 2010 <br />Division of Reclamation, Mining and Safety SAP z - <br />1313 Sherman St., Room 215 DivK& of ;?? c;?amatsor?, <br />Denver, Colorado 80203 '9? SAY <br />Re: 2005 Exploration Project (X-2005-223-06) <br />Dear Mr. Gorham: <br />The following information is in response to the Division's letter of September 8, 2010 regarding <br />the subject exploration project. With respect to the specific terms of the NOI, no exploration <br />activities have occurred since the last report submitted to the Division in January, 2010. This <br />NOI effectively remains inactive. <br />A number of factors influence why a "Final Reclamation Report" for this NOI has not been <br />submitted. <br />The Division should recall that the site ECM-05-27 was re-disturbed and converted to a methane <br />and a utility borehole location for the Elk Creek Mine. Please refer to CDRMS Permit C-1981- <br />022, TR-61 and MR-87 (sites VB-12-01 and B-1S-02) for details regarding the mine related <br />activities. Until the final reclamation of the GVB site, technically the ECM-05-27 site <br />reclamation will be delayed until the conclusion of the Elk Creek Mine GVB activities. We <br />anticipate, however, that this site will be reclaimed this coming fall. <br />We suggest an alternative to the dilemma of the delay in final reclamation and bond release of <br />NOI sites and roads where there is mining related activities. First, we suggest that the NOI could <br />be amended to document the transfer of the status of those delayed sites and road reclamation <br />over to the mine permit or other NOI's. Second, simultaneously allow for the remaining NOI <br />sites and roads to be processed for final reclamation and final bond release. <br />In the case of this NOI, we propose that we simply address the ECM-05-07 site reclamation <br />under the mine permit and allow for all of the other sites under this NOI to be processed for final <br />reclamation and bond release. <br />In the interim, please consider this letter as Oxbow's request under Rule 2.02.6(4) to extend the <br />time estimate for this NOI. <br />• Page 1