2011-08-09_REVISION - C1981022 (2)

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DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866 -3567 FAX: (303) 832 -8106 August 9, 2011 Tom Spezze SW Regional Wildlife Manager Colorado Division of Wildlife. SW Regional Service Center 415 Turner Drive Durango, CO 81303 Re: Elk Creek Mine (Permit No. C- 1981 -022) Permit Revision Application No. 6 (PR -6) Modification of Permit Area Dear Mr. Spezze: STATE OF COLORADO The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, Section 118, Paragraph 3, of the Colorado Revised Statutes, that on August 8, 2011, an application to revise coal mining operations at the Elk Creek Mine was considered complete for the purposes of filing. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. Oxbow Mining, LLC proposes to expand the Permit Area for the Elk Creek mine by 2,247 acres. This PR provides for the lease modification and an additional new Federal Coal lease. No new surface disturbance is proposed at this time. Enclosed is a map of the approximate new permit area. The underground coal mining operation is on land located approximately 0 miles North of Somerset, Colorado. The pewit area is further described as follows: Township 12 South, Range 90 West, 6th PM - Township 12 South, Range 91 West, 6th PM - Township 13 South, Range 89 West, 6th PM - Township 13 South, Range 90 West, 6th PM - Township 13 South, Range 91 West, 6th PM all or parts of Sections 29 – 32 all or parts of Sections 25 - 27 and 34 – 36 all or parts of Sections 6 and 7 all or parts of Sections 1 - 12 and 17 - all or parts of Sections 1 - 3 and 11 - 13 The above - mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Somerset. COLORADO D I V I S I O N O F RECLAMATION MINING — &— SAFETY John W. Hickenlooper Governor Mike King Executive Director Loretta E. Pineda Director Because the above referenced permit revision application would incorporate additional lands into the permit area or might otherwise alter previously approved permit conditions or mitigation measures, we are requesting your agency's evaluation of the proposal. Your comments and concerns relating to the adequacy of fish and wildlife resources information, the fish and wildlife plan, and the reclamation plan as it relates to fish and wildlife considerations, including potential impacts to threatened or endangered species, are requested. Your evaluation of any woody plant stocking levels, planting arrangements, and methods for mitigation of potential adverse impacts is also requested. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and inactive Mines