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NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety proposes to Approve Permit Revision <br />Application No. 7, submitted by Oxbow Mining, LLC for a coal mining permit at the Elk Creek <br />Mine (Permit No. C- 1981 -022). The PR -7 application is being submitted to incorporate the Elk <br />Creek East Federal Coal Lease COC -70615 into the permit. Originally, COC -70615 was included <br />in the PR -6 application submitted in August of 2011. PR -6 provided for Federal Coal Lease <br />Modification COC -61357 Tract 5 and COC- 70615. Lease Modification COC -61357 was approved <br />first and it was unclear as to when COC -70615 would be approved. PR -6 was then modified to <br />exclude COC -70615 so development work could begin in the approved area, COC- 61357. On May <br />15, 2012, Oxbow won the competitive bid for Lease COC -70615 and PR -7 was then submitted to <br />the Division to incorporate it into the permit. <br />The Elk Creek Mine is located in Delta, Gunnison County, approximately 0 miles North of <br />Somerset, Colorado. The Underground operation has an anticipated maximum production capacity <br />of 3,000,000 tons per year. Coal interest is Federal and private, and the surface to be affected is <br />Federal, state and private land. The permit area encompasses approximately 15,676.51 acres. <br />This proposed decision is based on a finding that the proposed operation will comply with all <br />requirements of the Colorado Surface Coal Mining Reclamation Act, Section 34 -33 -101, et seq., <br />C.R. S., and the regulations promulgated thereunder. <br />Copies of the proposed decision, including any stipulations, are on file for public inspection at the <br />Colorado Division of Reclamation, Mining and Safety, Room 215, Centennial Building, 1313 <br />Sherman Street, Denver, Colorado 80203 and at the Delta County Clerk and Recorder, 501 Palmer <br />Street, Room 211, Delta, CO 81416. Persons with an interest that may be adversely affected by the <br />proposed decision may request a formal hearing before the Mined Land Reclamation Board on the <br />proposed decision. Such request must be made within thirty (30) days of the initial publication of <br />this notice, must be in writing, and must state with reasonable specificity the reasons for the request <br />and the objections to the proposed decision. <br />