2012-11-28_REVISION - C1981022 (2)

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DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866 -3567 FAX: (303) 832 -8106 November 28, 2012 Jim Kiger Oxbow Mining, LLC P.O. Box 535 3737 Highway 133 Somerset, CO 81434 RE: Elk Creek Mine – Permit No. C- 1981 -022 MR- 101Revised Maps 2.05 -M1, 3/6 and 2.05 M4, 3/4 Adequacy Review #1 Dear Mr. Kiger: Mined Land Reclamation STATE OF COLORADO COLORADO DIVISION OF RECLAMATION MINING —&— SAFETY John W. Hickenlooper Govemor Mike King Executive Director Loretta E Pil eda Director The Division of Reclamation, Mining and Safety (Division) received Oxbow Mining LLC's (OMLLC) application for Minor Revision No. 101 (MR -101) at the Elk Creek Mine on November 13, 2012. MR- 101 was deemed complete on November 21, 2012. OMLLC is proposing to add an electrical sub- station which will work in conjunction with the methane fueled electricity generator facility that was approved in TR -73. The sub - station will be located approximately 75 feet southeast of the generating facility on a separate earthen pad outside the permit disturbance boundary. The Division has the following comments regarding the proposed plan: 1) A description of the new methane electricity generating substation was not included in the revision packet. Since this substation is part of the generating facility yet built on a separate earthen pad, a description of the substation's location and relation to the generating facility should be added to the electrical generation facility description for clarification. 2) In Photo #3 of Oxbow Mining Company LLC's November 8, 2012 submittal of written information regarding NOV C- 2012 -008, it looks like drainage from the pad area of the substation will flow to the east and then north to the generation facility pad, and then northwest to Elk Creek. Flow from the substation outslope will also flow to the east side and eventually to Elk Creek. If this is correct, flow from the substation area will not be directed to Pond D, and modifications to the Pond D designs would not be necessary. Oxbow would need only to revise the Drainage and Sediment Control Plan Map to illustrate flow paths in this area - specifically, the map should indicate a flow path on the mine area disturbance line that clearly shows that drainage from this area remains outside of the permitted disturbance area for the Elk Creek Mine. If this assumption is incorrect, and flow from this disturbed area is directed to Pond D, the design information for Pond D will need to be revised accordingly. Office of Office of Denver • Grand Junction • Durango Active and Inactive Mines