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Brock Bowles <br />March 11, 2016 <br />Page 2 of 2 <br />The stock pond that is the subject of TR -71 is located in the northwest corner of Goforth's <br />property, not the northeast corner of the Trust's property. This corner is particularly well- <br />established due to the existence of the historic fence corner, and evidence of a north -south fence, <br />that is displayed on Exhibit A. <br />The Trust's comment letter is nothing more than an attempt to use the DRMS permit process to <br />subtly assert title to land that the Trust does not rightfully own. <br />Western Fuels -Colorado understands and appreciates DRMS's jurisdictional limitations, and <br />fully realizes the agency cannot adjudicate a property boundary dispute. However, remaining <br />neutral in this instance does not necessarily equate to denying the TR -71 permit application. <br />Western Fuels -Colorado has a valid mining lease with each of the parties, Goforth and the Trust, <br />and therefore can implement TR -71 regardless of who owns the land on which the stock pond <br />will be located. Western Fuels -Colorado therefore requests that DRMS either (1) approve TR -71 <br />independent of the boundary location and ownership issue; or (2) refrain from taking action on <br />TR -71 in light of the property boundary dispute, but if so expressly disclaim any effect on the <br />private property rights of the affected landowners, as it did in its previous action regarding MR - <br />95. If the agency elects the latter course, Western Fuels -Colorado will withdraw its application <br />until after the affected landowners have resolved their boundary dispute in the only place where <br />it can be resolved, which is the District Court for Montrose County pursuant to Colorado law. <br />Very truly yours, <br />Christopher Kamper <br />Attorney for Western Fuels -Colorado <br />CC: Western Fuels -Colorado <br />Jimmy R. Guire, Trustee, by certified mail, return receipt requested <br />{CK0289.1 } <br />