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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 />June 21, 2012 <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 <br />Permit Revision Application No. 6 (PR -6) <br />Dear Mr. Kiger: <br />STATE OF COLORADO <br />COLORADO <br />ID I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision Package for Permit <br />Revision No. 6 at the Elk Creek Mine. Notice of the proposed decision will be published in the Delta County <br />Independent as soon as possible. The first publication will initiate the thirty (30) day public comment period for the <br />Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision application was <br />sent to the Office of Surface Mining Reclamation and Enforcement (OSM) and the Bureau of Land Management. The <br />material should be sent within 15 days of final approval. <br />Please be advised that federal mine plan approval needs to be obtained from OSM. OSM approval, in addition to State <br />permit approval, is required, before operations affecting federal coal may commence. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of Bond Held <br />equals or exceeds the Revised Liability, you need not submit additional bond. However, if the Revised Liability <br />exceeds the Bond Held, please submit additional bond or rider to your existing bond that equals or exceeds the Revised <br />Liability. This Permit Revision must not be implemented until this proposed decision becomes final and until any <br />required increase in bond is submitted to and approved by the Division. <br />If there are stipulations attached, please sign and return the proposed decision form to the Division. <br />If you have any questions, please contact me. <br />Sincerely, <br />Brock F. Bowles <br />En- 6ronmental Protection Specialist <br />Enclosure(s): Decision Form and Findings for PR -6 <br />cc: Desty Dyer, BLM, with enclosures <br />Ryan Taylor, USFS, with enclosures <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />