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STATE OF COLORP~DQ <br />DIY/SION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7373 Sherman Si., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAx: 1303) 832-8706 <br />27 June 2006 <br />Mr. Murari Shrestha <br />Western Fuels Association, Inc. <br />P,O. Box 33424 <br />Denver CO 80233-3424 <br />REF: NOI CX-2006-142-09; Further Clarification on Incompleteness <br />Dear Mr. Shrestha: <br />COLORADO <br />DIY [ S I O N O E <br />MIN SRALS <br />GEOLdGY <br />0.ECtAMATiON•N4NtNG <br />SAFETY•Sp ENCE <br />Blli V^~,5 <br />GnYCnWI <br />RUSSeB Gearge <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natual Resource Trustee <br />The Division has received your letter of 16 June 2006 responding to our list of issues that <br />require resolufron before the application can be considered complete. Regarding the <br />points made in that initial letter and WFAI's responses, and a series of telephone <br />conversations between WFAI and the Division, below are fizrther comments. <br />(a} If WFAI cannot secure right-of--entry from a surface owner, the most <br />efficient procedure will be to resubmit the list of sites and drillholes for which <br />permission has been obtained, along with a map of only those sites, and the <br />Division will consider that list as the proposed list and evaluate the application on <br />those sites. If permission is obtained for the others later, those can be added by an <br />amendment. <br />The Division has developed an opinion on drilling locations for which WFAI does <br />not have permission from all the owners of the mineral rights. The Division <br />believes that drilling cannot be initiated until 100°% of the mineral owners have <br />agreed to allow the activity. If WFAI chooses to provide a Legal opinion contrary <br />to that, the Division will forward that opinion to the office of the State Attorney <br />Genera] for review. <br />Therefore, for immediate action on the exploration application, 4~'FAI should <br />also remove those sites from the list and the map for wfiich complete right-af- <br />access has not been received. Ifand when GVFAl obtains permission from all the <br />owners of mineral rights, those sites can be added by amendment. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />