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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 />February 4, 2014 <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Robert M. Kennard 400 CO N FJ D ENT Loretta Pineda <br />K &B Mining Company, LLC Director <br />7045 Hillgreen Dr. <br />Dallas, TX 75214 <br />RE: Notice of Intent to Conduct Prospecting Application; Badger a Group of Mines; File No. P -2013- <br />019; Second Notice of Deficiencies <br />Dear Mr. Kennard, <br />On December 24, 2013, the Division of Reclamation, Mining and Safety (Division) received the Notice of <br />Intent (NOI) to Conduct Prospecting Application for Badger a Group of Mines, File No. P- 2013 -019. <br />Our review indicates the NOI application contains deficiencies as defined by Rule 5.1.3 of the Mineral <br />Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal, and <br />Designated Mining Operations. The Division requires the information described below before we can <br />approve the NOI application. <br />1. The Applicant has stated that no new shelter will be constructed. Please note that if a shelter is <br />constructed, as part of prospecting activities, the Operator will need to submit and obtain approval of <br />a modification to the NOI. <br />2. The Applicant has stated that the workings will be advanced a maximum of 10 feet. Please clarify if <br />the advancement of workings will take place in the upper or lower portal, or both. <br />3. The Applicant has stated that a maximum of 250 cubic yards of material will be removed from <br />underground. Please clarify if this material will originate from the upper or lower portal, or both. <br />4. The Applicant is proposing to construct a road across the landowner's patented claims in order to <br />access the upper portal. In order for the road to remain in place following the completion of <br />prospecting activities, the Applicant will need to provide a signed and notarized statement from the <br />landowner indicating that they wish the road to remain for their use. Without a signed statement from <br />the landowner, the Division will have to include the cost of reclaiming this road segment in the <br />financial warranty calculation. <br />Be advised that if these items have not been addressed within 60 days of the date of this letter (March 24, <br />2014), the Division may terminate the NOI application in accordance with Rule 5.1.3(c) of the Hard Rock <br />Rules. <br />Please remember to designate as appropriate those materials in the application that you desire to be made <br />confidential versus those to be made public. Additionally, if you have received any pertinent <br />correspondence from the US Forest Service, please forward copies to the Division. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />