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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natwai Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />June 9, 2016 <br />Mr. Chris Gilbreath <br />Tri-State Generation and Transmission Association, Inc. <br />P.O. Box 33695 <br />Denver, CO 80233-0695 <br />RE: New Horizon Mine, Permit No. C-1981-008 <br />Division Request to Revise Mineral Ownership Map <br />Dear Mr. Gilbreath: <br />The Division of Reclamation Mining and Safety (Division) received a letter from GW46 Irrevocable Trust <br />(GW46) on May 13, 2016 requesting a formal hearing on the Division's decision to approve MR -96. GW46's <br />request was received after the close of the 10 -day comment period as per Rule 2.08.4(6)(c)(iii) and was therefore <br />not granted. <br />Although the hearing request was not granted, GW46's letter stated that New Horizon permit Map 2.03.4-2 Oil, <br />Gas and Coal Ownership and Leases inaccurately shows GW46 Irrevocable Trusts' mineral ownership boundary <br />and that the mineral owner is still listed as San Miguel Power Association. To ensure permit accuracy, the <br />Division looked into GW46's concerns to ensure that the New Horizon permit complies with the requirements of <br />Rules 2.03.4(6)(a) and 2.10.3(1)(a). <br />The Division contacted the Montrose County Assessor's Office who maintains the records of ownership. The <br />assessor's office confirmed in a letter (see attached) that the land area and the mineral rights are identical when <br />the mineral rights are not severed from the land. The assessor's office also confirmed, by phone, that the surface <br />and mineral rights of GW46's property have not been severed. <br />The Division has concluded that Map 2.03.4-2 does not accurately represent the "all boundaries of lands and <br />names of present owners of record, both surface and subsurface, included in or contiguous to the permit area" as <br />required by Rules 2.03.3(1), 2.03.4(6)(a) and 2.10.3(1)(a) because it is not consistent with information pertaining <br />to subsurface ownership that is on file with Montrose County Assessor's Office. Please submit an updated Map <br />2.03.4-2 Oil, Gas and Coal Ownership and Leases Map so that it is consistent with the information pertaining to <br />subsurface ownership that is on file with Montrose County Assessor's Office. <br />Of importance, the Division's determination regarding the map does not, and legally cannot, serve as an <br />adjudication of disputed private property rights or ownership. See §34-33-110(2)0), C.R.S., §34-33-114(2)(f)(II), <br />C.R.S., and Coal Rule 2.03.6(3) ("nothing in this article shall be construed as vesting the board or office the <br />jurisdiction to adjudicate private property rights disputes"). The Division is not making any legal determination <br />C 90 <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director <br />