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March 12, 2016 <br />Mr. David Berry <br />Mr. Alan Boehms <br />Office of Surface Mining <br />Western Regional Coordinating Center <br />1999 Broadway, Suite 33202 sent via email to: dberry@osmre.gov <br />Denver, CO 80202 Sent via email to: aboehms@osmre.gov <br />RE: Western Fuels -Colorado, LLC Technical Revision 71 (TR -71) <br />Dear Mr. Berry & Mr. Boehms, <br />We would like assistance on an issue we are having with Western Fuels -Colorado, LLC's New Horizon Mine, located <br />in Nucla, CO, Mine Permit No. C1981-008. <br />Western Fuels neglects to follow the Law and the Regulation as they pertain to recognizing private property rights, <br />the ownership that is of public record. This latest issue has to deal with a reconstruction of a stock pond that was <br />located on our property prior to and during mining activities and that was removed while reclaiming a haul road. <br />We specifically told Western Fuels to leave all the ponds since they were there pre mining and were also there on <br />their post mining use map. Now, after voicing our concerns with DRMS of the pond, Western Fuels has submitted <br />TR -71, for the reconstruction of the pond to be in compliance with their post mining use map. <br />In the past several years, to avoid having to pay us royalties due (San Miguel Power Association, Inc. assigned all <br />their interest to collect the debt), Western Fuels has been telling DRMS that we do not own the property, even <br />after WFC had our property resurveyed, and that survey being recorded with the Montrose County Recorder on <br />9/16/2014 at Reception #858924 and being approved by the Assessors staff as well as the Assessor having a third <br />party (Mr. Bill Wiley) review it for accuracy before it was accepted. <br />We continue to be cheated out of our hay off from our acreage by Western Fuels, and Western Fuels continues to <br />not recognize the land as ours. <br />I am attaching the correspondence we have had with DRMS pertaining to TR -71 just to give you an idea of our <br />situation. <br />We would greatly, ppreciate any assistance. <br />Sincerely, <br />Jim Guire(Il, Trustee <br />GW46 Irrevocable Trust <br />P.O. Box S87 <br />Nucla, CO 81424 <br />Email: gowestland@gmail.com <br />Attachment's: March 3, 2016 Letter from GW46; March 11, 2016 Letter form WFC, March 12 Letter from GW46. <br />cc: Brock Bowles, via email to: brock.bowles@state.co.us <br />