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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 />June 18, 2013 <br />Alex Papp <br />Linc Energy Operations, Inc. <br />1200 17th Street 2100 <br />Denver, CO 80202 <br />Re: Linc Energy Operations, Inc. <br />Notice of Intent to Explore (NOI) <br />File No. X- 2011 - 235 -00 <br />Dear Mr. Papp: <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 />In a letter received on September 28, 2011, Linc Energy Operations Inc. submitted to the <br />Division a Notice of Intent to Explore Involving Removal of 250 Tons or Less of Coal (NOI). <br />The Division reviewed the above - referenced NOI in accordance with the applicable provisions of <br />the Colorado Surface Coal Mining Act ( "Act ") and the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining ( "Regulations), and sent its incompleteness comments to <br />Linc Energy in a letter dated October 17, 2011. <br />The Division's October 17, 2011 letter requested proof of right of entry to conduct coal <br />exploration operations and a statement regarding threatened and endangered species within the <br />proposed exploration area. <br />In a letter received on December 22, 2011, Linc Energy responded to the Divisions initial <br />comments and provided information on threatened and endangered species in the form of a third <br />party wildlife survey conducted by Habitat Management, Inc. and a signed Right of Entry by the <br />Colorado State Land Board. Through telephone conversations, the Division discussed the <br />inadequacy of the Right to Enter information provided by Linc Energy. <br />The Division has the following concerns regarding the responses in the materials received on <br />December 22, 2011: <br />The proof of Right of Entry received and signed by Mr. Lane Osborn of the State Land <br />Board only allowed right to enter to conduct initial studies of the exploration area and not <br />right to enter to conduct exploration activities. The right to enter granted temporary <br />permission to enter and was not to exceed June 30, 2012. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />