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<br />WESTERN <br />FUELS <br />ASSOCIATION <br />INC. <br />AeNa4onal <br />Fuel Supply <br />Cooperahve <br />August 28, 2008 <br />Mr. Jason Musick <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: NOI X-2008-142-12 <br />Dear Mr. Musick: <br />RECEIVED <br />SEP 0 2 2008 <br />Division of Keclamation, <br />Mining and Safety <br />I am responding to your letter of July 28, 2008 regarding the referenced NOI. Your letter <br />_indicated-.that:the NOI° would be approved only after (i) CDOW determined that the <br />drilling-activities would riot jeopardize the existence`of threatened and end- ere (T&E) <br />species and (ii) DRMS received reclamation bond in the amount of $6,063. <br />-Western Fuels had-requested.CDOW to determine the existence of T&E species in the <br />NOI area. In its response dated August 1, 2008, CDOW indicated that it was only <br />concerned about the possibility of burrowing owls in the area. They recommended that <br />Western Fuels conduct a survey to locate any prairie dog holes within 300 feet of the drill <br />hole locations. If prairies dog holes were found within the 300 feet of the drill hole <br />locations, then a survey to confirm the presence of burrowing owls was to be conducted. <br />If the survey found that the burrowing owls existed, then Western Fuels was asked to drill <br />150 feet away. from the burrowing owl locations or drill after November 1. A copy of <br />CDOW's, letter has been attached with this letter. <br />On August 19, 2008, Western Fuels conducted a survey to see if prairie dog holes existed <br />within 300 feet of the drill hole location. Such holes were found near one location (NW <br />nest). I discussed this issue with CDOW. They have agreed to waive the burrowing owl <br />survey requirement for this site for drilling in late September. I have included herewith <br />DOW'S August 22, 2008 letter giving such a waiver. The drilling is expected to begin <br />sometime. after mid-September...We,plan to drill in the first two sites (E Nestand- W <br />Nest) first and then continue drilling in the NW Nest site. <br />Western Fuels=Colorado has fulfilled the bond requirement by'submitting the $6;063`'.. ` :. <br />bond.to JohannaE.ramer at DRMS. <br />PO Box 33424 Denver, CO 80233-3424' • Telephone 303/254-3070 ¦ Fax 303/254-3079 ¦ 1100 West 116th Avenue. ¦ Westminster, CO 80234