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project may require traversing fee (privately-owned) surface lands. For example, access <br />to drill hole NHTP06-78, located in the SW '/4 of the SE'/< of Section 4, T47N, R16W, <br />appears to require traversing fee land located in the S W '/a of the S W '/a of Section 3, fee <br />land located in the SE '/o of the SE '/e of Section 4, and fee land located in the NW '/4 of <br />the NW '/4 of Section 10. Additionally, access from the locations of drill holes <br />NHTP06-96 and 97 (in the S %Z of the S % of Section 15) to the location of drill hole <br />NHTP06-29 (in the SE'/< of Section 17) appears to require traversing fee lands located <br />in Sections 15, 16, and 17. <br />In accordance with Regulation 2.02.2(2)(e), please verify, and revise the Notice of <br />Intent to reflect, that exploration activities proposed by this project that will cross fee <br />(privately-owned) surface lands will do so via public roads only, and as such will not <br />require access agreements, such as ingress/egress agreements, from the fee surface land <br />owners. If proposed exploration activities crossing these fee lands will require access <br />agreements or waivers, please provide copies of these agreements or waivers as part of <br />the Notice of Intent. <br />3. In accordance with Regulation 2.02.2(2)(g), please provide a "statement, with <br />appropriate references from the relevant State or Federal agencies or published sources, <br />which determines that the exploration and reclamation describe will not jeopardize the <br />continued existence of an endangered or threatened species listed pursuant to Section 4 <br />of the Endangered Species act of 1973 (16 U.S.C. 1533) or the Nongame, Endangered <br />or Threatened Species Conservation Act (Section 33-8-101 et seq C.R.S.) or result in <br />the destruction or adverse modification of critical habitat of those species". It is <br />possible that such a statement may be obtained from the US Fish and Wildlife Service <br />(or perhaps from the US BLM in conjunction with their environmental assessment <br />processes) for the federally-listed T & E species and their habitats, and from the <br />Colorado Division of Wildlife for the state-listed species and their habitats. Please <br />include in this statement (or statements) any restrictions placed upon the proposed <br />exploration activities as a result of these agencies' concerns, such as limitations of <br />operations to certain times of the calendaz year or prohibitions of operations from any <br />particulaz ecological communities (such as riparian areas) or geographic azeas. <br />Determination of Substantial Natural Land Surface Disturbance [Regulations 2.02.2(3) and <br />1.04(127)] <br />The exploration activities described will "substantially disturb" the natural land surface, as defined at <br />Regulation 1.04(127). <br />Adequacy Review <br />4. Regulation 2.02.2(2)(b) requires Notices of Intent to include the "name, address, and <br />telephone number of the representative who will be present at (emphasis added) and <br />responsible for conducting the exploration activities". If the representative who will be <br />present at the exploration activities will be someone other than the persons identified as <br />the "Permittee" and the "Inspection Contact", please provide the name, address and <br />