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if CEC drills those boreholes for which it has right of access while continuing right of access negotiations with the other landowners, then the drilling program would be able to be completed within the proposed period of activity. Therefore, the Division will consider stipulating, in the exploration permit, that the landowner agreement for each hole be forwarded to the Division prior to the drilling for that specific hole. CEC Response With the current status of the land-owner negotiations, CEC would like to further pursue the stipulation option for a number of holes. DMG Concern With reference to 21, above,it is assumed (although not clearly stated in the NOI) that the BLM owns mineral rights for all of the proposed drillholes. If so, the BLM license should be forwarded to the Division before the Division can issue a coal exploration permit. CEC Response The BLM does indeed own the mineral rights for the proposed drill holes, and the required BLM exploration license has been applied for. CEC does not agree that a copy of the BLM exploration license is required prior to approval of the NOI, as these are separate permitting actions. We will be happy to provide a copy of the BLM Exploration License to the Division, but we do not feel that the approval of the NOI should be delayed until the BLM issues the license, as these are concurrent permit actions. DMG Concern With reference to 31, above,a cultural clearance is required from BLM and SHPO. If clearance is received for some drilling sites while others are still being surveyed then the Division will consider stipulating, in the exploration permit, that holes can be drilled only after a cultural resources clearance has been received by the Division for that particular hole, and that any stipulations contained in the clearances must be adhered to. CEC Response Again, CEC would like to pursue the option of the stipulation, as the required surveys can not be conducted until landowner agreements are completed. DMG Concern With reference to 41, above, a threatened and endangered species clearance is required from both CDOW and USFWS. If clearance is received for some sites while others are still being investigated, the Division will consider issuing an exploration permit with a stipulation that holes can be drilled only after the threatened and endangered species clearance has been received for that particular hole and that any conditions or stipulations included in the clearances must be adhered to.