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Gorham, Kent <br />From: Cramer, Johanna <br />Sent: Wednesday, November 10, 2010 10:29 AM <br />To: Gorham, Kent <br />Subject: RE: X-2010-223-10 <br />Updated the NOI to show WD status. No bond to worry about. <br />Johanna Cramer <br />Corporate Compliance/Bonding Specialist <br />Division of Reclamation, Mining and Safety <br />303-866-3567, extension 8114 <br />From: Gorham, Kent <br />Sent: Thursday, November 04, 2010 10:35 AM <br />To: Cramer, Johanna <br />Subject: FW: X-2010-223-10 <br />Please see the following request to withdraw the NOI application for X-2010-223-10. Please make the necessary <br />changes to the permit system and return the bond, if one was previously accepted for this project. <br />Thank you. <br />From: Jim Kiger [mailto:Jim.Kicier(5)OXBOW.COMI <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 NOI's within Permit areas. The DRMS regulations do not in any way <br />prevent or explicitly prohibit the use of NOI'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