2014-07-08_PERMIT FILE - X201322801 (2)

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COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 July 7, 2014 Kathy Welt Mountain Coal Company, LLC P.O. Box 591 Somerset, CO 81434 Re: Ark Land Company Notice of Intent to Explore (NOI) File No. X- 2013 - 228 -01 Revised Decision and Incomplete Status Update Dear Ms. Welt, In a letter and Acceptance of Notice of Intent to Conduct Coal Exploration form dated July 1, 2013, the Division Accepted the above - referenced NOI in accordance with the applicable provisions of the Colorado Surface Coal Mining Act ( "Act ") and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining ( "Regulations "). As a requirement for a complete NOI under Rule 2.02.2(2)(e) of the Regulations, the notice must include a description of the basis upon which the person who will explore claims the right to enter such area for the purpose of conducting exploration and reclamation. This right of entry information was submitted for the above referenced NOI for a portion of the Exploration Area in the form of the Federal Coal Exploration Plan from the BLM including a Decision Memo of the Federal Coal Exploration Plan from the USFS. This information was received via an emailed link to the decision records from the BLM and in an email from Mr. Ryan Taylor of the USFS providing a USFS letter concurring with the BLM Decision on July 1, 2013. Based on the June 27, 2014 ruling from the U.S District Court for the District of Colorado, which states that, "the intervenor defendants are immediately enjoined from proceeding with the Exploration Plan in any manner that involves any construction, bulldozing or other on- the - ground, above - ground, or below - ground disturbing activity of the subject area" and vacates the "government defendants' approval of the Exploration Plan," the right of entry information submitted referencing the Federal Coal Exploration Plan to address Rule 2.02.2(2)(e) is no longer adequate. As such the above referenced NOI is deemed incomplete. The Division has the following comments to determine the NOI complete and requests submission of the following information identified below: Rule 2.02.2(2)(e) - Upon approval of a Federal Coal Exploration Plan from the BLM including a Decision Memo of the Federal Coal Exploration Plan from the USFS, please submit the approved Federal Coal 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director OF CpGO 1876