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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: (3031 8663567 <br />FAX: (303) 832-8106 <br />9 February 2005 <br />COLORADO <br />DIVISION OF <br />MINEBRALS <br />GEOLOGY <br />REC LANATION•NINING <br />SAf ETY•SCIENCE <br />Juan Garcia Bill Owens <br />Colowyo Coal Company L.P. c°vemGr <br />5731 State Highway 13 Russell George <br />Meeker CO 81641 ExecutiveDirecTOr <br />Ronald W. Cattany <br />Division DlreCfOt <br />I2E: Colowyo NOI CX-2004-109-11; Preliminary Adequacy Letter Natural Resource Trustee <br />Deaz Mr. Gazcia: <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 complete; the Division has one question regarding adequacy. <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 />On page 8 of the submittal, the applicant states that "only if necessary, topsoil will be <br />removed and stockpiled or windrowed adjacent to the access road under construction for <br />later use during reclamation activities." An open-ended statement such as this is not <br />acceptable for approval of the application. The Division can provide a waiver to the <br />requirement for stripping topsoil, for use under certain conditions of land surface and <br />weather, but these conditions must be clearly defined. Given that there aze many drill <br />sites and significant total road length to be constructed, it is requested that CCCLP plan <br />to strip topsoil from the constructed roads. As you aze aware, the Division must calculate <br />the bond as if all the soil has been stripped and stockpiled. <br />If you have any questions, please feel free to call me. <br />Sincerely, <br />Jun Burnell <br />Environmental Protection Specialist <br />Cc: S. Brown, B. Walker <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />