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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />DIVISION O P <br />RECLAMATION <br />MINING <br />-&- <br />SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br /> Harris D. Sherman <br />January 4, 2008 Executive Director <br /> Ronald W. Cattany <br /> Division Director <br />Angela Bellantoni Natural Resource Trustee <br />Environmental Alternatives, Inc. <br />402 Valley Road, Suite G <br />Canon City CO 81212 <br />Re: Right of Entry <br />Northfield Mine (Permit No. C-2006-085) <br />Dear Ms. Bellantoni: <br />As required by Rule 2.03.6(1) of the Regulations of the Colorado Mined Land Reclamation Board <br />and Colorado Revised Statue 33-34-110(2)(j), Northfield Partners has indicated that the three coal <br />leases presented in Exhibit C of the Northfield Mine permit application are the documents upon <br />which Northfield Partners bases their legal right to enter and begin surface coal mining operations. <br />Maps 1 A and 1 B (Land Use, Surface and Coal Ownership) of the application, along with permit <br />text on pages 2.03-9 and 2.03-10, provide the legal description and specifics regarding the <br />ownership of the surface and the coal within and adjacent to the permit boundary. These <br />documents, as presented, indicate that portions of the surface, and ownership of those surface lands <br />within the permit boundary, are severed from the mineral ownership. Therefore, the Division must <br />ask the following question regarding those lands: <br />For those surface lands within the permit boundary where the surface lands and ownership <br />have been severed from the mineral rights and ownership, please describe and identify the <br />documents that Northfield believes grants them the right to enter those surface lands. <br />Please provide a written response, including any supporting documents if necessary, as soon as <br />possible. If you have any questions, please call me. <br />Sincer , <br />-~ <br />. ~ <br />Ken A. Gorham <br />Environmental Protection Specialist II <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />