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option but to recognize GW46s' legal ownership of "RECORD", no matter where fence lines may have been
<br />located prior to their removal over 24 years ago.
<br />GW46 request that DRMS investigate who granted WFC the right of entry on "all" of Lot 3, SE%NW%,
<br />NE%SW%, Section 6, T 46 N, R 15 W, NMPM as required under 34-33-110(2)(j) and Regulation 2.03.6 and the
<br />consent to extract the coal under "all" of Lot 3, SE%NW%, NE%SW%, Section 6, T 46 N, R 15 W, NMPM.
<br />WFC asserts that GW46 and its predecessors does not, and has not owned all of Lot 3, SE%NW%, NE%SW%,
<br />Section 6, T 46 N, R 15 W, NMPM, yet the Lease between WFC and Gosforth's for the Surface and WFC and
<br />Warrens heirs for the coal. Look closely at each lease between WFC and Gosforth's and Warrens heirs and
<br />see if you can find in those legal descriptions, any part of Lot 3, SE%NW%, NE%SW%, Section 6, T 46 N, R 15
<br />W, NMPM. If GW46 predecessors didn't own the land as WFC claims, and the land is not identified in the
<br />Goforth or Warren lease, who owns this approximately 11.84 acres? Who gave consent to WFC to enter
<br />upon the land? Who gave WFC consent to remove the coal? The only lease that allowed and consented WFC
<br />to enter upon the land and remove the coal from beneath Lot 3, SE%NW%, NE%SW%, Section 6, T 46 N, R 15
<br />W, NMPM was GW46's predecessor San Miguel Power Association, Inc. (SMP). If WFC asserts that SMP had
<br />no ownership in the approximately 11.84 acres, and it cannot be found on any other deed(s), then WFC
<br />illegally mined the property, therefore appropriate actions should be taken buy DRMS or the Office of Surface
<br />Mining against WFC.
<br />WFC has no option, but to follow the Law and the Regulation and recognize what is of "RECORD" with the
<br />Montrose County Recorder's Office. No matter how badly WFC would like the facts to be something other
<br />than what they are. WFC cannot provide any legal action or court adjudication or proceeding of "RECORD"
<br />that would show GW46 does not own all of Lot 3, SE%NW%, NE%SW%, Section 6, T 46 N, R 15 W, NMPM.
<br />Again, there is "NO" boundary dispute between GW46 and Goforth, proven by the recorded Disclaimer of
<br />Interest.
<br />GW46 understands that DRMS cannot adjudicate property rights as described under 34-33-114(2)(f)(1), GW46
<br />is only asking that WFC follow the Law and the Regulations.
<br />The burden of proof is placed solely on the Operator, WFC, not the landowner. Should DRMS choose to
<br />ignore GW46's concern(s), GW46 will elect to request a formal hearing as allowed under 34-33-116(4).
<br />Thank you for your consideration.
<br />Sincerely,
<br />Jimmy R. Guire II, Trustee
<br />GW46 Irrevocable Trust
<br />P.O. Box 587
<br />Nucla, CO 81424
<br />CC.
<br />Alan Boehms
<br />Office of Surface Mining
<br />Western Regional Coordinating Center
<br />1999 Broadway Suite 3320
<br />Denver CO 80202
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