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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 12, 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 - Technical Revision No. 72 (TR -72) <br />Methane Drainage Boreholes on Forest Service Land <br />Dear Mr. Kiger: <br />COLORADO <br />p 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 for Technical Revision <br />No. 72 at the Elk Creek Mine. In a letter to the Division dated July 3, 2012, the USDA - Forest Service, Grand Mesa, <br />Uncompahgre and Gunnison National Forest (GMUG) identified a list of conditions that are necessary to protect <br />federal resources and support the post mining land use of aspen management, as defined by the GMUG Forest Plan. <br />These conditions brought forward by GMUG as the land management agency are included in this decision. Notice <br />of the proposed decision will be published in the Delta County Independent as soon as possible. The first <br />publication will initiate the ten (10) day public comment period for the Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision application <br />was sent to the Office of Surface Mining and the Bureau of Land Management. The material should be sent within <br />15 days of final approval. <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 <br />Revised Liability. This Technical Revision must not be implemented until this proposed decision becomes final and <br />until any required increase in bond is submitted to and approved by the Division. <br />If you have any questions, please contact me. <br />Sincerely, <br />A a A --- L1V <br />Brock F. Bowles <br />Enviromnental Protection Specialist <br />Enclosure <br />cc: Foster Kirby, Office of Surface Mining, with enclosures <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />