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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 C O L O RA D O <br /> <br />Phone: (303) 866-3567 D I V I S ION OF <br />RECLAMATION <br />FAX: (303) 832-8106 MIN I NG <br />December 15, 2008 SAFETY <br />Murari P. Shrestha Bill Ritter, Jr. <br />Western Fuels Association Inc. <br />Governor <br />1100W. 116 th Ave. Harris D. Sherman <br /> <br />Westminster, CO 80234 Executive Director <br /> Ronald W. Cattany <br /> Division Director <br />RE: Western Fuels-Colorado, LLC Natural Resource Trustee <br />Notice of Intent to Explore (NOI) <br />File No. X-2008-142-13 <br />Dear Mr. Shrestha, <br />The Division has reviewed the revised NOI noted above received on 02 December 2008 in accordance <br />with the applicable provisions of the Colorado Surface Coal Mining Act ("Act") and the Regulations <br />of the Colorado Mined Land Reclamation Board for Coal Mining ("Regulations), and has the <br />following comments. <br />Notification of Completeness [Regulation 2.02.21 <br />Notice of Intent No. X-2008-142-13 is Complete <br />Determination of Proposed Activities as Coal Exploration [Regulations 2.02.2(3) and 1.04(22)] <br />The activities described in the Notice of Intent qualify as "coal exploration" as defined at Regulation <br />1.04(22). The coal exploration activities described will involve removal of 250 tons or less of coal. <br />Determination of Substantial Natural Land Surface Disturbance [Regulations 2.02.2(3) and <br />1.04(127)] <br />The coal exploration activities described will substantially disturb the natural land surface, as defined <br />at Regulation 1.04(27). <br />Determination of Amount of Performance Bond [Regulation 3.05.2(1)] <br />The Division has prepared a preliminary estimate of the amount of performance bond sufficient to <br />assure the satisfactory reclamation of the proposed coal exploration disturbance if, in the event of bond <br />forfeiture, the work had to be performed by the Division through independent contractors. The amount <br />of performance bond calculated was $8,123.00. <br />Office of Office of <br />AAinnrt 1 onrl Rnrlomntinn r)-inr . r-nd h-tinn . M-n- A.t:..u -1 1- 44- AAin-