PERMFILE54082

• Permit No: X200722308
• IBM Index Class Name: Permit File
• Doc Date: 6/18/2007
• Doc Name: Adequacy Review Letter
• From: DRMS
• To: Oxbow Mining, LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 60203
C O L O R A D O
DIVISION OF
Phone: [phone]
RECLAMATION
FAX: [phone]
MINING
June 18, 2007
SAFETY
Mr. James A. Kiger Bill Ritter, Jr.
Oxbow Mining, LLC Governor
P.O. Box 535 Harris D. Sherman
Somerset, CO 81434 Executive Director
Ronald W. Cattany
Division Director
RE: Adequacy Review Natural Resource Trustee
Oxbow Mining, LLC, "2007 NOI — Elk Creek Mine"
DRMS Notice of Intent to Conduct Coal Exploration No. X- 2007 - 223 -08
Dear Mr. Kiger:
The Division of Reclamation, Mining and Safety found Notice of Intent No. X- 2007 - 223 -08 Complete
on June 6, 2007. We have conducted our adequacy review, and have the following questions.
1. In accordance with the requirements of Regulation 2.02.2(2)(e) regarding right of entry,
please add a sentence or two to the Notice of Intent to address the basis for the right to
construct the sections of the drill hole access roads that are proposed in Section 1 of T13S,
R91 W, outside of the boundaries of federal lease C- 61357. You may refer to a deed or
lease if this is private surface.
2. In accordance with the requirements of Regulations 2.02.2(2)(f) and 4.21.4(3)(a), please
modify the Notice of Intent to include the following statement:
"Vehicular travel on other than established graded and surfaced roads shall be
limited by Oxbow Mining LLC to that absolutely necessary to conduct the
exploration. Travel will be confined to graded and surfaced roads during periods
when excessive damage to vegetation or rutting of the land surface could result."
3. In accordance with the requirements of Regulations 2.02.2(2)(f), 2.02.2(2)(g) and 4.21.4(5),
please modify the Notice of Intent to include a few sentences as to how Oxbow will comply
with the requirements of 4.21.4(5) during construction of the new sections of access road.
4. In accordance with the requirements of Regulations 2.02.2(2)(f) and 4.21.4(7), please
modify the Notice of Intent to include a sentence or two as to whether the proposed
activities will require the diversion of any ephemeral, intermittent, or perennial streams.
5. In accordance with the requirements of Regulations 2.02.2(2)(f) and 4.21.4(7), please
modify the Notice of Intent to include a sentence or two as to whether the proposed
activities will require upland diversions of surface water flow. Please be aware that upland
diversions of surface water flow must comply with the requirements of Regulations
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