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M oye <br />White <br />Via U.S. and Electronic Mail <br />January 27, 2012 <br />Tom Kaldenbach <br />Senior Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Tom.Kaldenbach@state.co.us <br />Re: Withdrawal of NOI No. 12011 -029 — Request for Clarification <br />Dear Mr. Kaldenbach, <br />Thank you for your correspondence earlier today via electronic mail and which also <br />forwarded a letter the Division of Mining, Reclamation and Safety ( "Division ") received <br />from Greg Lewicki & Associates, PLLC ( "Lewicki "). The Lewicki letter states "The <br />applicant for the Notice Of Intent P- 2011 -029, Alma Placer Company, is formally <br />withdrawing the NOI application." Your transmittal email to me indicates "The Prospector <br />withdrew the above - referenced application (please see attached letter). The Division has <br />terminated the file." <br />On behalf of the Estate of Ben Wright ("Estate "), I am writing now to ask for the <br />Division's clarification on the nature of the NOI termination. In the NOI applications <br />submitted to the Division, Eagle Minerals, LLC ( "Eagle Minerals "), is listed as the <br />prospector and Alma Placer Company ( "Alma ") is listed as the "contact" entity for NOI <br />File No. P- 2011 -029. <br />Given that Eagle Minerals and Alma are distinct entities, please provide clarification <br />whether the Division considers the NOI withdrawn and the file terminated with respect to <br />both Alma and Eagle Minerals or only with respect to Alma. The requested clarification is <br />necessary, given the Estate's appeal of the NOI is scheduled for February 8, 2011, before <br />the Mined Land Reclamation Board (MLRB). Should Eagle Minerals retain the right to <br />prospect pursuant to the Division - approved NOI, the Estate will certainly pursue its right to <br />appeal the approval at the scheduled MLRB hearing. <br />MoyelWhiteLLP Attorneys at Law <br />16 Market Square 6th Floor 140016th Street Deriver CO 80202 -1486 <br />tel 303 292 2900 fax 303 292 4510 www.moyewhite.com <br />" `i'E ov LEI <br />Divrsron of f'ex:larrratio <br />Alining a safety �' <br />Paul M. Seby <br />direct (303) 292 -7934 paul.seby @moyewhite.com <br />