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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 />January 28, 2013 <br />Steve Weist <br />Oxbow Mining Oak Mesa, LLC <br />P.O. Box 535 <br />Somerset, CO 81434 <br />Re: Oxbow Mining, LLC <br />Notice of Intent to Explore (NOI) <br />File No. X- 2012 - 223 -11 <br />Amendment No. 1 (AM -1) <br />Dear Mr. Weist: <br />STATE OF COLORADO <br />COLORADO <br />ID IV I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division has reviewed the above - referenced NOI Amendment No. 1 to NOI No. X -2012- <br />223-11 in accordance with the applicable provisions of the Colorado Surface Coal Mining Act <br />( "Act ") and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining <br />( "Regulations), and has the following comments. <br />Notification of Completeness [Regulation 2.02.21 <br />Notice of Intent No. X- 2012 - 223 -01 AM -1 is Incomplete <br />Based on Rule 2.02.2(2)(e) if the surface is owned by a person other than the person who <br />intends to explore, a description of the basis upon which the person who will explore <br />claims the right to enter such area for the purpose of conducting exploration and <br />reclamation. The surface for activities proposed under X- 2012 - 223 -11, AM -1 for <br />Drillhole ID No. OM -YR -45 is owned by private landowner Hughes. Although, the <br />Division understands that a current surface use agreement with Hughes is in place, the <br />active agreement does not include lands proposed under AM -1; as such information is <br />required from the surface owner providing right to enter the lands described to conduct <br />coal exploration activities. In addition, Drillhole ID No. OM -YR -46 is owned by private <br />landowner Roatcap Cattle Co.; as such information is required from the surface owner <br />providing right to enter the lands described to conduct coal exploration activities. <br />The Division understands that Oxbow Mining, LLC has applied for approval of Federal <br />Coal License #COC- 76319, which will provide the right to explore at Drillhole locations <br />OM -YR -45 and 46. Until such time that Oxbow Mining, LLC provides to the Division <br />an approved exploration license identifying Oxbow Mining, LLCs right to enter AM -1 <br />will be incomplete. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />