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SEP 2 3 '~85 pp ~pMINED LAND IPi At]D BEFORE THE COLORADO t?INED LAND RECLAifATION DIPI~IU~MATION DIVISION Action P]o. Permit C-067-34 REQIJEST FOR FORMAL HEARItIG In re the Application of: PEERLESS PuSOURCES, INC. for surface coal mining operations at the Coal Gulch dine. COMES NOid Pielco, Inc., a Colorado corporation, by its attor- ney Duncan S Miller, and respectfully requests the Colorado Mined Land Reclamation Board to hold a formal hearing regarding the proposed decision in this natter. As grounds therefor, i4elco, Inc. would show as follows: 1. By virtue of the mechanic's lien attached hereto as Exhibit "A" and incorporated herein by reference, Melco, Inc. claims some right, title or interest in and to part or all of the lands for which said permit is proposed to be issued. 2. tielco, Inc. has pending an action for foreclosure of the foregoing mechanic's lien in tielco, Inc. versus Peerless Resources, Inc., et a1, Civil Action No. 45CV273 in the District Court in and for the County of La Plata, State of Colorado. 3. By affidavit filed therein, a true and correct copy of orhich is attached hereto as Exhibit B, Sam F:. Arness alleges that the coal on part or all of the subject property is leased to Durango Coal Company and not to Peerless Pesources. 4. Upon information and belief, Peerless Resources, Inc. claims title in and to the coal nn the subject property. 5. Upon information and belief, Peerless Resources, Inc. has not included in its permit application information as to the interest claimed by tlelco, Inc., as well as other claimants in and to part of the subject property, as required by C.R.S. Section 34-33-110(7_). H. Favorable action upon the permit requested herein would be detrimental to the legal interests of ttelco, Inc. and, if foreclosure of the foregoing mechanic's lien is successful, would render permitee unable to comply o-rith conditions of said permit.