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<br />7. In accordance with the requirements of Regulations 2.02.2(2)(f) and 4.21.4(5), please modify <br />the text of the NOI Amendment, in the "Site Development, Drill Pad Construction" section, to <br />include the following statement: <br />"Prior to earth-moving or excavations of any type, the A and 'B horizons <br />will be salvaged and stored in area that will be undisturbed and not <br />subject to excessive wind or water erosion. The underlying subsoil <br />materials will, if necessary, be salvaged and stored in an area separate <br />from A and B horizon materials. Immediately upon cessation of operations, <br />the subsoil will be replaced, with the surface left in a roughened condition. <br />The A and B horizons will then be replaced over the subsoil material." <br />8. In accordance with the requirements of Regulations 2.02.2(2)(f) and 4.21.4(4), please modify <br />the text of the NOi Amendment, in the "Exploration Site Reclamation" section, to include the <br />following statement: <br />"Excavations, artificial flat areas, and embankments created during <br />exploration will be returned to their approximate original contour promptly <br />after such features are no longer need for coal exploration." <br />9. In accordance with the requirements of Regulation 2.02.2(2)(h), please modify the text of the <br />NOI Amendment, in the "Threatened and Endangered Species" section, to include the <br />following statement: <br />"The exploration and reclamation described will not jeopardize the continued <br />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, <br />Endangered or Threatened Species Conservation Act (Section 33-9-101 et sect. <br />C.R.S.) or result in the destruction or adverse modification of critical habitat <br />of those species." <br />Thank you for your participation in this matter. Please feel free to contact me at 303-866-4933 if you <br />have any questions. <br />Sincerely, <br />Daniel I. Hernandez o <br />Senior Environmental Protection Specialist <br />Enclosure: <br />Memo regarding Division Cost Estimate (dated 8/10/07)