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PQabody Twentymile Coal Company RECEIV GD 29515 Routt County Road #27 !~ Oak Creek, CO 80467 JUN 152005 s'°.a's.s8°° Mr. James Burnell o9Y Colorado Division of Minerals and Geology got M;nara~s a"d Gao+ 1313 Sherman Street-Room 215 °1vis~a Denver, Colorado 80203 (303)866-3567 Re: Twentymile Coal Company - Foidel Creek Mine, NOI CX-2005-205-10 Completeness Deaz Mr. Burnell: The following respond to the completeness issues relative to the referenced NOI, as identified in your letter of June 7, 2005 and your previous courtesy e-mail: 1) Right-of--entry for surface access to Cross-Mountain Ranch properties - As noted in your letter, our current right-of-entry agreement with Cross-Mountain Ranch extends through late 7uly. We aze currently negotiating a long-term Master Use Agreement with Cross Mountain, and submitted a final draft for their review in mid- April. Our most recent contact indicates that their legal counsel is reviewing the final draft and should be back to us with comments shortly. As soon as this agreement is finalized, Twentymile Coal Company (TCC) will provide the CDMG with a copy for your files. In the event that it does not appeaz that the Master Use Agreement will be finalized by late July, we will obtain an extension of the existing specific use agreement, prior to the expiration date, and provide a copy of the extension to the CDMG. We would agree to a condition of approval stating that activities could not commence or continue unless a current valid access and use agreement was in place. 2) Cultural resource survey coverage for all proposed surface disturbance activities -The two areas identified correspond to coreholes 2005CH01 (NE/4SE/4, Section 5, TSN, R86W) and 2004CH04 (SE/4NW/4, Section 26, TSN, R87W). Both corehole locations were covered by cultural resource surveys: 2005CH01 -The November 2004 Metcalf Archaeological Consultants, Inc. (MAC) survey report identifies 2005CH01 as a surveyed location on Table 2 (pg. 1), shows this location on Figure 3 (pg. 4), and describes the survey coverage on page 7 under the sub-title, "Field Methods" (ie: a ten acre block centered on the drillhole). This site was not included in the location summary on the cover sheet (pg. iv) through an oversight, as addressed by the attached e-mail and revised cover page from MAC. 2004CH04 -The November 2, 2003 MAC survey report (misdated as Apri12, 2002) identifies 2004CH04 as a surveyed location on Table 2 (pg 1), shows this location on Figure 1 (pg. 2, location mislabeled as CH03)), and describes the survey coverage on page 7 under the sub-title, "Field Methods" (ie: a 500' x 500' block centered on the drillhole). This site was not included in the location summary on the cover sheet (pg. iv) through an oversight. Apparently, the original of the referenced survey report was atwo-sided document, and the copy provided with the NOI application only included the front-side of each page. A full copy of the survey report accompanies this response transmittal.