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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />7313 Sherman St., Room 215 <br />Denver, Colorado 80203 C O L O R A D O <br />Phone: (303) 866-3567 o t v 7 s t o N o e <br />RECLAMATION <br />FAX: (303) 832-8106 M I N I N G <br />Jtme 6, 2007 5A ETY <br />Mr. James A. Kiger 6m Ritler, tr. <br />Oxbow Mining, LLC Governor <br />P.O. Box 535 Harris D. Sherman <br />Somerset, CO 81434 Executive DIreCIOf <br /> Ronald W. Cattany <br /> Division Director <br />RE: Notification of Determination of Completeness Natural Resource Trustee <br />Oxbow Mining, LLC, "2007 NOI -Elk Creek Mine" <br />DBMS Notice of Intent to Conduct Coal Exploration No. X-2007-223-08 <br />Dear Mr. Kiger: <br />The Division of Reclamation, Mining and Safety received a Notice of Intent to Explore from Oxbow <br />Mining, LLC for the "2007 NOI -Elk Creek Mine" on May 9, 2007. The Division has assigned the <br />number X-2007-223-08 to this Notice of Intent. <br />Determination of Completeness [Regulation 2.02.2(2)] <br />Notice of Intent X-2007-223-08 is deemed Complete as of June 6 2006. <br />Determination of Substantial Natural Land Surface Disturbance and of Performance Bond <br />Amount [Regulations 2.02.2(3); 1.04(127); 3.05.2(2)] <br />In accordance with Regulation 2.02.2(3), we will conduct our review of the Notice of Intent and by <br />June 20 2007 determine whether the proposed activities will "substantially disturb the natural land <br />surface" as defined by Regulation 1.04(127). Should adequacy issues exist with the Notice of Intent, <br />we will send you a letter requesting their resolution during these two weeks. <br />If we determine that the proposed activities will "substantially disturb the natural land surface", we <br />must additionally determine whether the proposed activities qualify as coal exploration [Regulation <br />1.04(22)] or surface coal mining operations [Regulation 1.04(132)]. Additionally, our determination as <br />to whether the proposed activities will substantially disturb the natural land surface must include a <br />determination of performance bond amount [Regulation 3.05.2(2)]. Once we have made these <br />determinations, we will notify you immediately. Thank you for your participation in this matter. <br />Please feel free to contact me if you have questions. <br />Sincerely, <br />~~~~y~~ <br />Daniel I. Hernandez <br />Senior Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />