2009-02-10_PERMIT FILE - C1981022 (4)

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Exploration areas addressed by any notice of intent may be either within or outside the permitted area. Individual notices of intent will both describe and locate on a map of appropriate scale the specific exploration site(s). Individual notices of intent will also provide the following program specific information: • Initiation date and duration of planned exploration activities • Right of entry documentation where applicable • Maximum number of drillholes within each quarter-quarter section • Drillhole diameter(s) and approximate depth(s) • Type of drilling and support equipment to be utilized • Statement of no significant impact for proposed exploration area(s) relative to threatened or endangered species or critical habitat for such species • Documentation of right of entry for any exploration sites outside of the permitted area In addition to the specific information to be presented in each individual notice of intent, as noted above, the following practices are universally applicable to all anticipated exploration activities and will be referenced accordingly in the notice of intent. Exploration Access To the extent possible, exploration sites will be located adjacent to existing roads or trails. If existing access is not available and ground conditions are favorable, exploration equipment may move across undisturbed terrain to access the exploration site. In the case of access across undisturbed terrain, equipment movement and other traffic will be kept to an absolute minimum. If surface disturbance is unavoidable in order to access an exploration site, any required roads will be constructed at the minimum practical width and will be aligned so as to minimize total length, avoid drainages, and limit erosion to the extent possible. Since any required exploration roads are expected to be in use less than 6 months, they will be constructed in compliance with applicable standards for light-use roads under Rule 4.03.3. Where construction of new roads or modification of existing roads is required, road work will be initiated immediately prior to exploration and road corridors will be reclaimed as soon as possible following completion of exploration activities. Construction of exploration roads, where required, will involve clearing trees and large shrubs from the road alignment, removing and windrowing available topsoil on the side of the road, establishing drainage along the road by constructing temporary ditches, berms, or installing temporary culverts as required, and grading the road to provide a smooth operating surface. Exploration Trenching In order to plan for and complete detailed designs for mine face-up and initial mine development, Oxbow may do limited surface trenching to locate, delineate, and characterize coal seam outcrops. Normally any required trenching will be done on or adjacent to existing roads and will involve the use of a tracked dozer or backhole to remove any overlying material and expose the coal seam. Trenching will be limited to a maximum depth of approximately 30 feet, with trench width corresponding to depth to assure safe conditions for inspection of the exposed coal seam. If trenching or temporary placement of the excavated material will impact any undisturbed areas, soil material will first be removed and windrowed along the edge of the disturbance area. Once the coal seam is exposed, it RN-5 2.02-2 Revised October 2008