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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866.3567 <br />FAX: (303) 832 -0106 <br />7 November 2005 <br />Juan Garcia <br />Colowyo Coal Company L.P. <br />5731 State Highway 13 <br />Meeker CO 81641 <br />RE: Colowyo NOI CX- 2005- 109 -12; Incompleteness Letter <br />Dear Mr. Garcia: <br />OLORADO <br />[VISION OF <br />.IN6 <br />EOLOGY <br />:LAMATION.MINING <br />Bill Owens <br />Govemor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division has received your notice of intent to explore (NOI), dated 1 February 2005, <br />has assigned the designation of CX- 2004 - 109 -11 and has made the following findings: <br />1. The application is incomplete; the Division has one question regarding right -of- <br />access. <br />2. The project qualifies as coal exploration rather than coal mining. <br />3. Your project will substantially disturb the natural land surface. The Division is in the <br />process of calculating a bond liability total for the project as requested by CCCLP. <br />The question involves one area within the proposed exploration plan. The eastern half of <br />section 4, T3N, R93 W, is a block of land that has caused concern in the past. On the <br />current map accompanying the NOI application, that block, containing drillsites <br />WP- 05 -25, 26, 27, and 28, is shown as lying within Colowyo's LMU. On the map <br />showing lease boundaries, the area lies outside existing leases. Please provide materials <br />to indicate that Colowyo Coal Company has right of access to drill on that block. <br />If you have any questions, please feel free to call me at 303 - 866 -4928. <br />Sincerely <br />Jim Burnell <br />Environmental Protection Specialist <br />Office of office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />