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Page 2 of 2 <br />2. Per Rule 2.02.2(2)(h) a statement with appropriate references from the relevant State or <br />Federal agencies was not included. Please provide a statement from the relevant State or <br />Federal wildlife agency which determined that, based on the activities proposed and the <br />submitted Baseline report, the exploration and reclamation described will not jeopardize <br />the continued existence of an endangered or threatened species or result in the destruction <br />or adverse modification of critical habitat. <br />Determination of Proposed Activities as Coal Exploration [Regulations 2.02.2(3) and <br />1.04(22)] <br />The activities described in the Notice of Intent qualify as "coal exploration" as defined at <br />Regulation 1.04(22). The coal exploration activities described will involve removal of 250 tons <br />or less of coal. <br />Determination of Substantial Natural Land Surface Disturbance [Regulations 2.02.2(3) and <br />1.04(127)] <br />The coal exploration activities described will substantially disturb the natural land surface, as <br />defined at Regulation 1.04(27). <br />Determination of Amount of Performance Bond [Regulation 3.05.2(1)] <br />The Division prepared a Reclamation Cost Estimate (RCE) associated with NOI X- 2012 - 223 -11. <br />The RCE included the reclamation costs of a total of 43 Drillholes, pads, mud pits, and <br />associated roads. The Division acknowledges that holes OM -YR19, 20, 28, 40, and 42 will not <br />be drilled and no disturbances will be associated with these sites. <br />The Division currently holds a Corporate Surety in the amount of $386,931.17, which is <br />adequate to cover the reclamation if required to be conducted by the Division. <br />If you have any questions fell free to contact me. (3 03) 866 -3567 x8134 <br />Sincerely, <br />Jason D. Musick <br />Environmental Protection Specialist <br />C -CX -09 <br />