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"' ~ • <br />FIOLLA\D C HA TiT <br />Mr. David Shelton <br />January 13, 1981 <br />Page -2- <br />By letter dated March 16, 1982, M. S. Savage of the <br />MLRD requested additional documentation in support of <br />Trinidad Basin's application, including "proof of right of <br />entry for S?, S? of Section 15." On Dtarch 31, 1982, Ben T. <br />Quinn responded to Mr. Savage's request by supplying a <br />Surface Mining Lease Agreement between Lillian Denison and <br />Trinidad Basin Plining dated April 29, 1982. That Agreement <br />pertained to surface rights in the S`~, Sz of Section 15, but <br />did not constitute praof of right of entry with respect to <br />the coal in the S'~, 5; of Section 15, which the owner, <br />Victor-American, has never leased to Trinidad Basin Mining. <br />Indeed, during the period when this application was being <br />considered by MLRD, all of Victor-American's coal in Section <br />15 was subject to a recorded option in favor of Drummond <br />Ventures, Inc. Despite the fact that this option was a <br />matter of public record, as shown by the Clerk and Recorder's <br />stamp on the enclosed memorandum, it was apparently never <br />brought to biLRD's attention. <br />To summarize, as a result of ambiguous and incomplete <br />documentation submitted on behalf of the applicant, the <br />referenced Mining Permit was mistakenly issued to cover a <br />substantial quantity of Victor-American's coal for which no <br />right of entry had ever been obtained. Having called this <br />error to your attention, we respectfully request that the <br />permitted area be immediately redefined so as to encompass <br />only that coal for which a valid and existing lease can be <br />demonstrated. As you might imagine, this is a matter of <br />serious concern to our client and we would therefore ap- <br />preciate it if you could advise us as promptly as possible <br />of the action you are taking to rectify this error. If we <br />can provide any additional information or be of further <br />assistance, we would be happy to meet with you at your <br />convenience. <br />~/Very~:,ruly y/our~s,~ <br />Eritton [4hite, Jr. <br />of Holland & Hart <br />Bw/ca <br />Enclosure: as stated <br />cc: Mr. Gerard Rem <br />Victor-American Fuel Company <br />