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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />10 November 2008 <br />k <br />James A. Kiger u <br />Oxbow Mining, LLC <br />P.O. Box 535 Diu rinr: , . z ; <br />?e <br />Somerset, CO 81434 <br />Re: Elk Creek Mine (Permit No. C-1981-022) <br />Technical Revision No. 60 (TR-60) - Bear Creek Fan Site <br />Preliminary Adequacy Review <br />Dear Mr. Kiger: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />On October 6, 2008, the Division received an application for TR-60 from Oxbow Mining, <br />LLC (OMLLC). The package was deemed Complete, for purposes of filing, on thelOth <br />of October. Proof of Publication later provided by OMLLC indicates that the public <br />notice appeared on October 15th in the Delta County Independent. <br />Over the course of the 10-day comment period, the Division received only two responses <br />to the notice: one from the Office of Archaeology and Historic Preservation (response <br />required), the other from the Division of Water Resources. Copies of both letters are <br />attached, for your reference. <br />The Division has completed its adequacy review of the TR-60 application. We have the <br />following comments and questions. <br />Rule 2.05.6(3) - Protection of the Hydrologic Balance <br />Please describe the fan shaft construction measures that Oxbow will employ to <br />prevent or minimize ground water flow seeping into the fan shaft. <br />2. Rule 2.05.6(3) requires that ground water quantity be protected from proposed <br />mining operations. Please propose a hydrologic monitoring program to determine <br />the occurrence and quantity of water that seeps into the fan shaft from the Bear <br />Creek alluvium. <br />3. The text at the beginning of Section 9 of the TR-60 submittal states that the entire <br />Bear Creek fan site is a small area exemption (SAE). However, the hydrology <br />designs presented in TR-60 designate only three portions of the disturbed area as <br />SAES. Other disturbed areas, such as the cut slopes and pad area, are not <br />office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines