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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 />October 4, 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. 7 (PR -7) <br />Dear Mr. Kiger: <br />COLORADO <br />ID IV 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 <br />Package for Permit Revision No. 7 at the Elk Creek Mine. Notice of the proposed decision will be <br />published in the Delta County Independent as soon as possible. The first publication will initiate <br />the thirty (30) day public comment period for the Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved <br />revision application was sent to the Office of Surface Mining and the Bureau of Land <br />Management. The material should be sent within 15 days of final approval. <br />Please be advised that federal mine plan approval needs to be obtained from the Office of Surface <br />Mining Reclamation and Enforcement (OSM). OSM approval, in addition to State permit <br />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 <br />amount of Bond Held equals or exceeds the Revised Liability, you need not submit additional <br />bond. However, if the Revised Liability exceeds the Bond Held, please submit additional bond or <br />rider to your existing bond that equals or exceeds the Revised Liability. This Permit Revision must <br />not be implemented until this proposed decision becomes final and until any required increase in <br />bond is submitted to and approved by the Division. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />