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Gorham, Kent <br />From: Jim Kiger [Jim.Kiger@OXBOW.COM] <br />Sent: Thursday, November 04, 2010 8:18 AM <br />To: Gorham, Kent <br />Cc: Boulay, Mike; Berry, David <br />Subject: RE: X-2010-223-10 <br />Per the Division's request, because the subject exploration program was approved as TR-67 under C-1981-022, please <br />withdraw the subject NOI. <br />Oxbow believes that while the DRMS Regulations clearly provide for the use of NOl's outside of Permit areas, the <br />regulations are silent with respect to the use of NOl's within Permit areas. The DRMS regulations do not in any way <br />prevent or explicitly prohibit the use of NOl's within Permit Areas and Oxbow continues to disagree with the Division's <br />recent arbitrary change in policy. Coal exploration NOl's have been used effectively and successfully within Permit areas <br />for decades and there appears to be no demonstration on the part of the Division why the Division's change in policy <br />was necessary. <br />Oxbow believes it remains more appropriate, and clearly within the Division's discretion, to use NOl's for coal <br />exploration within Permit areas. <br />Please contact me if there are questions. <br />James A. Kiger <br />Environmental Manager <br />Oxbow Mining, LLC., Elk Creek Mine <br />P.O. Box 535 <br />Somerset, Co. 81434 <br />970-929-5806, fax: 970-929-5177 <br />From: Gorham, Kent jmailto:Kent.GorhamCa?state.co.us1 <br />Sent: Tuesday, November 02, 2010 4:53 PM <br />To: Jim Kiger <br />Subject: X-2010-223-10 <br />Jim, <br />Since TR-67 was approved in April, could you ask to withdraw the above N01 in your reply to this email. This will close <br />out anything further on this NOI. <br />Thank you. <br />Kent Gorham <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman St. Room 215 <br />Denver CO 80203 <br />303-866-3567 x8121 <br />303-832-8106 (fax) <br />kent.gorhama-state.co.us