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American is filing this Petition in order to resolve certain <br />potential impediments to its future permitting of the tract. <br />On December 13, 1982, Trinidad Basin Mining, Inc. ("TBM") <br />received a mining permit [Permit No. C-048-81] from the <br />Colorado Mined Land Reclamation Division pursuant to the <br />Colorado Surface Coal Mining Act [C.R.S. §§34-33-101 to <br />34-33-137 (1984 Supp.)] to mine the coal on the tract and on <br />adjoining lands. Permit No. C-048-81 is presently suspended. <br />No mining has taken place on the tract and the only distur- <br />bances on the tract are a haul road and ponds built by"TBM. <br />Victor American has taken the position before this Board <br />that TBM had no right to enter and mine coal on the tract. In <br />addition, Victor American brought suit in federal district <br />court in Denver against TBM and others to resolve this conflict <br />(Civil Action No. 83-F-2103). As part of the settlement of the <br />lawsuit, TBM assigned any interest it may have had in a lease <br />or other instrument authorizing TBM to mine coal on the tract <br />to American Carbo, a Colorado corporation, a majority of whose <br />stock is held by the shareholders of Victor American. TBM also <br />agreed to execute all documents and do all acts necessary to <br />transfer Permit No. C-048-81 to American Carbo. copies of the <br />Settlement Stipulation and Motion for Dismissal With Prejudice <br />and the Order of Dismissal are attached to this Petition for <br />the Board's convenience. <br />-2- <br />