Oxbow Mining LLC Permit No C TR73 Application for Methane Utilization Facility and Relocation of Alluvial Monitor Well

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1 EXHIBIT 48

2 OXBOW MINING LLC 3737 Hwy 133 PO Box 535 Somerset Colorado USA Tel Fax October Mr Brock Bowles Environmental Protection Specialist Colorado Division of Reclamation Mining and Safety 1313 Sherman Street Room 215 Denver Co od VI ION 00 Re Oxbow Mining LLC Permit No C TR73 Application for Methane Utilization Facility and Relocation of Alluvial Monitor Well Dear Mr Bowles The purpose of this letter is to request Technical Revision No 73 to the Oxbow Mining LLC OMLLC Permit No C This TR provides for 1 construction and operation by North Fork Energy LLC NFELLC of a coal mine methane fueled electricity generator and thermal oxidation facility and 2 relocation of an alluvial monitor well 1 North Fork Energy LLC NFELLC North Fork Energy LLC has determined the economic viability of constructing and operating a facility to utilize mine methane from Oxbow s underground mine methane collection system The location of the facility will be NE of the existing Elk Creek Mine fan The 12 acre facility is independent of the Elk Creek Mine and will utilize BMP s for sediment control The site will be fenced and operated independently from the rest of the Oxbow Mining operation 2 Relocation of Alluvial Monitor Well EC14 Construction of the NFELLC facility will obliterate the existing EC14 updip alluvial monitor well located along Elk Creek Included with this TR73 is the relocation of the monitor well to a location updip and just north of the NFLLC facility The revision consists of a revised PAP page c Exhibit 205E7 Page 3 Map 205 M1 sheet 3 of 6 General Facilities and Map 204M4 sheet 3 of 4 Drainage and Sediment Control Plan Page 1

3 Attached please find a proposed public notice which will be published in the Delta County Independent upon notification by the Division that this application is complete Please contact me at if I can provide any additional information or if you have any questions Sincerely ames A Kiger Environmental Manager Enclosures Xc Jim Cooper OMLLC Gunnison County Planning Office David Rice Delta County Planning Paonia Public Library USFS Paonia Ranger District BLM UFO Files Page 2

4 COLORADO DIVISION OF MINERALS AND GEOLOGY 1313 Sherman Street Room 215 Denver Colorado APPLICATION FORM FOR A REVISION TO A COAL MINING AND RECLAMATION PERMIT This form must be completed and submitted with all requests for minor revisions as defined in Rule technical revisions as defined in Rule and permit revisions as defined in Rule All revisions are to address the requirements of Rule 2084 Three 3 copies of the revision including maps must be submitted in order for it to be complete All revisions are to be formatted so they can be inserted into the permit to replace the revised sections maps tables andor figures with a revised table of contents if necessary The revision submittal date should be printed in the lower right corner of each revision page A cover letter to the revision should explain the nature of the revision and reference the specific permit sections being revised For federal mines a copy of the revision application must be submitted to all agencies on the federal mailing list except OSM at the same time the application is submitted to the Division and proof of distribution must be submitted to the Division along with the application Copies of revision pages modified during the review process must be distributed in the same manner along with proof of distribution Proof of distribution must be submitted prior to implementation of the revision Permit No Permittee Street C Oxbow Mining LLC Elk Creek Mine 3737 State Highway 133 PO Box 535 Date Oct Z City State Somerset Co Zip Code Brief Description of Revision TR73 Coal Mine Methane Fueled Electricity Generator and Thermal Oxidation Facility Public Notice Attached Yes No Required for PRs and TRs Bond Increase Yes No Federal Non Federal Mine Proposed Change in Permit Area Disturbed Permit 1 Affected 0 Acres o Acres 0 Acres Surface Ownership Private Land 0 Acres Federal Land 0 Acres State Land 0 Acres Mineral Ownership Mineral Private Acres Mineral State Acres Mineral Federal 0 Acres

5 PUBLIC NOTICE Oxbow Mining LLC OMLLC PO Box Highway 133 Somerset Colorado has filed a complete application to the Colorado Division of Reclamation Mining and Safety CDRMS for Technical Revision TR73 to its existing approved Permit No C The TR provides for 1 the construction and operation of a coal mine methane fueled electricity generator and thermal oxidation facility and 2 relocation of an alluvial monitor well OMLLC s approved permit area is located in Gunnison and Delta Counties and north of the town of Somerset and the North Fork of the Gunnison River OMLLC s current permit area would be included on the areas presented by the Somerset and Bowie USGS 7 5 minute quadrangle maps and is generally described as follows Township 12 South Range 90 West 6th PM All or parts of Sections Township 12 South Range 91 West 6 PM All or parts of Sections and Township 13 South Range 89 West 6 PM All or parts of Sections 6 and 7 Township 13 South Range 90 West 6 PM All or parts of Sections 1 12 and 17 Township 13 South Range 91 West 6 PM All or parts of Sections 1 3 and The permit area contains approximately acres of surface lands of which 551 acres are located on private land and acres are on Federal land Complete copies of the TR73 application are on file at the CDRMS offices located at 1313 Sherman Street Room 215 Denver Colorado Phone at the Gunnison County Planning Office the Delta County Planning Office and at the Paonia Public Library Comments or objections concerning the application for revision should be directed to the CDRMS at the above address not later than 10 days after the date of publication of this notice in order to be considered Page 3

6 Section P. Elk Creek Generator and Thermal Oxidation Facility - Utihzing the methane from the above noted underground network of mine methane collection pipe and the exhauster faciltty, North Fork Energy, LCC (NFELLC) has located (2011) and operates an approximate '/2 acre facility NE of the Elk Creek mine vendation fan. The fadty consists of multiple methane fueled electric generator sets capable of uultzing the mine methane to produce electricity to be fed back onto the electtic supply grid via a connection to the primary side of the Delta-Montrose Electric Association (DMEA) power line located at the nearby Elk Creek Mne facility substation. A surface pipeline connected to the exhauster fachty will cross Elk Creek and connect with the NFELLC fachty. The facility will also contain a thermal oxidizer capable of oxidzing or "flaring" the mine methane to the atmosphere. The status of this facility is intended to be sepatate from the Elk Creek Mine facility. 'fiere is a preference that the fachty remain in place after the Elk Creek Mtne is sealed and reclaimed. Extended testing of the methane resource will be necessary to determine the potential longevity of the facility. If the fachty is to remain after mining and reclamation activities are concluded, the Elk Creek Mine reclamation plan d be modified to accommodate the continued use of the NFELLC facility. See Map 2.05-MI, Sheet 3 of 6, GeneralFa~ilities, and Map 2.04-M4, Sheet 3 of 4, Drainage and Sediment Control Phn for the location of the facility. Rev. October 201 1

7 Exhibit 2.05-E7 continued... Additional Information 1. In 2007 it was observed that the casing of Well BC-1 in Bear Creek had been damaged by being pushed over by someone parking in the area. Subsequent monitoring indcated that depth to water could be determined but the damage to the plastic pipe prevented use of the baler to obtain water samples. The monitor well was replaced in 2007 and the former well sealed and abandoned. 2. In 2011 the North Fork Energy, LLC methane facility was constructed NE of the Elk Creek Fan. The construction of the facllity obliterated the existing, shallow EC-14 alluvial monitor well. During the Spring of 2012, the monitor well was re-established as EC-14B and located updip and just north of the NFELLC hulr ty. Revised October 201 3