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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />April 15, 2013 <br />Wendell A. Koontz <br />Ark Land Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Re: Ark Land Company <br />Notice of Intent to Explore (NOI) <br />File No. X- 2013 - 228 -01 <br />Dear Mr. Koontz, <br />STATE OF COLORADO <br />COLORADO <br />ID IV I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division has reviewed the above - referenced NOI in accordance with the applicable <br />provisions of the Colorado Surface Coal Mining Act ( "Act ") and the Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining ( "Regulations), and has the following <br />comments. <br />Notification of Completeness [Rule 2.02.21 <br />Notice of Intent No. X- 2013 - 228 -01 is Incomplete <br />In order to determine the NOI complete the please submit the following information identified <br />below: <br />1. Rule 2.02.2(2)(e) — Right of entry information for USFS surface use; private land surface <br />use agreements for holes SP -1, SP -2, and access to SST -7; copies of amended coal leases <br />COC -1362 and COC- 67232; and copies of lease agreements regarding lease fee coal <br />from Mount Gunnison Fuel Company. The cover letter associated with the NOI states <br />that Ark Land Company is awaiting the analysis and Decision Memo by the US Forest <br />Service which will allow the BLM to process the Federal Coal Exploration Plan. Please <br />submit copies of the following to provide basis upon which ALC claims the right to <br />enter: lease modifications for COC -61362 and COC- 67232; lease agreements with <br />Mount Gunnison Fuel Company; the surface access agreements for holes SST -7 and <br />SCC -2; and the approved Federal Coal Exploration Plan; the Decision Memo of the <br />Federal Coal Exploration Plan from the USFS for review. <br />2. Rule 2.02.2(2)(h) —The submitted ROD for the FEIS associated with the COC -1362 and <br />COC -67232 modifications states that, "Compliance with terms and conditions of the <br />Biological Opinion are addressed in lease stipulations for threatened and endangered <br />species... Appendix A of this BLM ROD." The referenced Appendix was not included in <br />the ALC submittal. Please submit a copy of FEIS ROD Appendix A for review. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />