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OXBOW MINING, LLC <br />August 17, 2012 <br />Mr. Brock Bowles <br />Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Oxbow Mining LLC, Permit No. C- 1981 -022 <br />PR -07 Permit Revision, Response to August 7, 2012 PAR <br />Dear Mr. Bowles, <br />The purpose of this letter is to respond to the Division's August 7, 2012 PAR. <br />Comment Item #1 — Rule 2.03 — Ownership and Control — <br />Comment Item #2 — Rule 2.04 -4 — Cultural and Historic Resources- <br />Oxbow has reviewed the August 6, 2012 SHPO letter and have comments as follows: <br />• Page 1 <br />, <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA Tel (970)929 -5122 Fax <br />(970)929 -5177 <br />RECEIVED <br />AUG 20 2012 <br />Division of reclamation, <br />Mining and Safety <br />Division Items #1 through #3. <br />The Division notes a number of comments related to the OSMRE AVS information. Oxbow has provided <br />the most recent information for Ownership and Control in our previous MR -98, approved by the Division <br />on February 16, 2012. We believe the items presented in MR -98 remain accurate today and suggest no <br />further changes at this time. <br />Division Item #4. — The AVS information lists two historic violations. We understand the issues <br />relating to Glory Coal Co. in 1985 were subsequently resolved by a Pittston Settlement Agreement. <br />According to Stephanie Varvell, Sr. Program Analyst, OSMRE /AVS Office, because of the existence of <br />the Settlement Agreement, there are no further issues for CDRMS to consider with respect to a potential <br />Division Permit hold action. <br />We do not agree with the SHPO statement that "the majority of the area has not been surveyed ". Certainly <br />all of the affected area proposed for surface disturbance has been surveyed. Some fringe N.E. Permit <br />areas of 12 South, 90 West, Sec 27 S''ASW' /4; Sec 28 SV2S' /2; and Sec 34 NE' /2NWi /4 (a diagonal piece) <br />were not covered by the survey, but there are no proposed mining activities located in these areas. <br />Further, we are aware of the location of site 5GN4725 and have chosen to avoid the area. We understand <br />the need to "test" and clear the area if we were to propose any disturbance for the site. If we propose <br />