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QNT OF,y� <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />�.AgCH 3tr''� <br />Reclamation and Enforcement <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />April 4, 2016 <br />Jim Guire II, Trustee <br />GW46 Irrevocable Trust <br />P.O. Box 587 <br />Nucla CO 81424 <br />Dear Mr. Guire, <br />RECEIVED <br />APR i 12016 <br />DMSION OF RECLAMATION <br />MINING AND SAFETY <br />Thank you for your letter dated March 12, 2016. In your letter and the attachments included with <br />your letter, you express concern with Western Fuels -Colorado, LLC's failure to recognize GW46 <br />Irrevocable Trust (the Trust) as owner of property mined and utilized by Western Fuels' New <br />Horizon Mine, Mine Permit No. C1981-008. Specifically, your correspondence refers to <br />Western Fuels' submittal of TR -71 to the Colorado Division of Reclamation, Mining and Safety <br />(DRMS), for the reconstruction of a stock pond to be in compliance with their post mining use <br />map. In your letter, you assert the Trust is the owner of the land upon which the stock pond is to <br />be located. The March 11, 2016, letter from Christopher Kamper, Attorney for Western Fuels - <br />Colorado, included in your correspondence to the Office of Surface Mining Reclamation and <br />Enforcement (OSMRE), indicates the Trust lacks standing to comment concerning TR -71 <br />because it does not own the property containing the proposed stock pond that is the subject of <br />TR -71. <br />The OSMRE appreciates your concerns. The Colorado DRMS is the primary regulatory <br />authority for surface coal mining and reclamation under the Surface Mining Control and <br />Reclamation Act. As such, the OSMRE does not get involved in matters concerning property <br />ownership or alleged property boundary disputes on private lands permitted for surface coal <br />mining in the State of Colorado. These types of property disputes that cannot be resolved <br />between the conflicting parties are normally adjudicated in civil court. <br />Thank you again for your correspondence. I hope I have addressed your concerns. Please feel <br />free to contact me if you have additional questionsx- <br />Sincerely, <br />Alan Boehms <br />Denver Field Branch Manager <br />cc: Mr. Brock Bowles, CO DRMS <br />