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4. Oxbow has prepared an as -built map and corrected incidental "disturbance boundary" <br />line on the Permit Maps. <br />Previously, TR -73 was the mechanism to notify the Division of the proposed construction of the <br />methane facility. As the facility was a first -of -a -kind demonstration facility, and the hardware <br />requirements were not yet fully known or designed, Map 2.05 -M1, 3/6 and Map 2.05 -M4, 3/4 <br />were submitted to demonstrate a best guess, speculative facility footprint. The final location of <br />the overall facility, substation and its required setback (see discussion in Section 2 above) <br />exceeded the original predicted, "disturbance boundary" line shown on the maps. The area <br />disturbed for the methane facility is new construction and still remains located outside of the <br />areas disturbed and necessary for operation of the neighboring Oxbow Mining facility. The long <br />term plan for the methane facility is that it can remain after the Elk Creek Mine is closed, sealed <br />and reclaimed. <br />Prior to issuance of the NOV, Oxbow had proposed to clarify the minor incidental boundary line <br />map issue with an as -built map and modified "disturbance boundary" line on Map 2.05 -M1, 3/6 <br />and Map 2.05 -M4, 3/4. In fact, Oxbow intends to submit these maps to satisfy the NOV "STEPS <br />NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION. The NOV should be modified <br />to correctly reflect that the modified maps will suffice to abate the NOV CV- 2012 -008 rather <br />than submittal of a reclamation bond for a non jurisdictional facility. <br />Conclusion <br />The NOV clearly represents an enforcement action for a non jurisdictional facility located <br />adjacent to but outside the Elk Creek Mine's approved disturbance area. The substation <br />construction setback was necessary for safety purposes and crossed a line on a map that applies <br />only to coal mining activities and not other non - mining related activities, As -built maps are <br />scheduled to be submitted to update the final footprint of the methane facility. <br />We believe the issuance of this NOV was unwarranted and clearly in error. Oxbow respectfully <br />requests that the NOV be vacated. <br />Please contact me at 970 - 929 -5806 if you have questions or need additional information. Oxbow <br />would be pleased to discuss this issue with you further at your convenience. <br />Sincerely, <br />James A. Kiger <br />Environmental Manager <br />Xc: Mike Ludlow (OMLLC) <br />Brock Bowles (CDRMS) <br />Sandy Brown (CDRMS) <br />files <br />• Page 3 <br />