Laserfiche WebLink
CN <br />XBOW MINING, LLC <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA Tel (970)929 -5122 Fax <br />(970)929 -5177 <br />November 8, 2012 <br />Ms. Loretta Pineda <br />Director NOV 3 2p12 <br />Colorado Division of Reclamation, Mining and Safety atop, <br />1313 Sherman Street, Room 215 ,, 0 Resafety <br />Denver, CO. 80203 D Mjn,K,g & <br />Re: NOV No. CV- 2012 -008 <br />Submittal of Written Information and Request for Vacation <br />Dear Ms. Pineda: <br />Oxbow Mining, LLC, Elk Creek Mine received Service of the referenced NOV on Thursday, <br />November 01, 2012. The NOV relates to the first -of -a -kind demonstration facility to convert <br />waste coal mine methane to electrical energy. Oxbow and its partners in North Fork Energy, <br />LLC. are very proud of this attempt to develop this unique facility. We regret that the Division is <br />attempting to expand its regulation of a non jurisdictional facility for little more than the <br />incidental location of a line on a Permit map. <br />The purpose of this letter is to 1) provide additional information regarding the NOV (per Rule <br />5.04.3(1)) and 2) to request a vacation of the NOV. <br />We believe the circumstances surrounding the alleged NOV will clearly show that the NOV <br />should never have been issued as there was no violation of the CDRMS RULES. We <br />respectfully submit the following information for your review and consideration. <br />NOV CV- 2012 -008 was delivered unsigned, and therefore, is invalid. <br />Oxbow received the NOV on November 1, 2012 by certified mail, but because the NOV was <br />unsigned by any Division Representative, we believe the NOV is invalid. The NOV should be <br />vacated on that basis alone. <br />2. The Division has jurisdiction over surface coal mining activities located within the Permit <br />Area but not non - surface coal mining activities. <br />Many activities located in a coal program Permit Area are not surface coal mining activities and <br />are, therefore, not regulated by the Division. In addition, it is interesting to note that Rule <br />1.04(132)(a) specifically provides that "Surface coal mining operations" do not include the <br />• Page 1 <br />