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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 />October 7, 2011 <br />Mr. Jim Kiger <br />Oxbow Mining, LLC <br />P.O. Box 535 <br />3737 Highway 133 <br />Somerset, CO 81434 <br />RE: Oxbow Mining, LLC, Permit No. C- 1981 -022 <br />PR -6 Application for a Permit Revision <br />Dear Mr. Kiger: <br />STATE OF COLORADO <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Oxbow Mining, LLC (Oxbow) has submitted Permit Revision No. 6 (PR -6) for the purpose of <br />modifying the approved permit area. Oxbow proposes to expand the permit area by 2,247.43 acres, all <br />of which are Federal lands. Additionally, within the footprint of the expanded permit area, Oxbow is <br />proposing to modify Federal Coal Leases COC -61357 and COC -70615 by adding 946.56 acres. The <br />Division called the PR -6 application complete for purposes of filing on August 8, 2011. In accordance <br />with the requirements of Rule 2.07.3(2), public notice of the application was published in the Delta <br />County Independent for four consecutive weeks from August 31, 2011 through September 21, 2011. <br />Oxbow submitted proof of this publication to the Division on September 27, 2011. <br />In accordance with Rule 2.07.4(1), the Division's Preliminary Adequacy Review (PAR) is due within <br />60 days following the completeness date, or October 7, 2011. In the following pages, various <br />adequacy issues are presented for Oxbow's consideration and response. <br />Rule 2.03.4 Identifications of Interests <br />1. The Division reviewed the currently approved ownership and control information for the Elk <br />Creek Mine. Page 2.03 -7; the listing of officers of Oxbow Carbon, LLC and for Oxbow <br />Carbon and Minerals Holdings, Inc; is not current. Please revise page 2.03.7 to include <br />updated ownership and control information for all owners and controllers of Oxbow Mining, <br />LLC. <br />Rule 2.03.6 Right of Entry and Operation Information <br />1. Oxbow has applied to the Bureau of Land Management (BLM) for a lease and to the U.S. <br />Forest Service for lease modification. Documentation of the Right of Entry from both <br />Agencies is needed before the division can propose a decision on PR -6. When the Forest <br />Office of <br />A A; nnll I ,nr4 Pc.- lar„ari,,n <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Govemor <br />Office of <br />Ilpnvpr • Ca-and liinrtinn • F)nranpn Artivp anti InartivP MinPs <br />