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~~I 11~1111~~~~~~~1~ <br /> <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 <br />F.4X: 1303) 832-8106 <br />May 4, 2001 <br />Jerry Koblitz <br />Greystone Development Consultants, Inc. <br />5231 South Quebec Street <br />Englewood, CO 80111 <br />RE: Lorencito Permit Extension Request, Lorencito Canyon Mine, #C-96-084 <br />Dear Mr. Koblitz: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MI NING•SAFETY <br />gill Owens <br />Governor <br />Greg E. Walther <br />Eneculive Duecrm <br />Michael P. Lang <br />Divivon Dneclor <br />The Division of Minerals and Geology has reviewed the information received by FAX on May 1, <br />2001 concerning the DMG decision to extend the Lorencito Canyon permit. As you are aware, <br />two important issues remain. One is the railroad agreement necessary to ship coal off the <br />permit area and the other is the demonstration of right of entry to mine coal on the Hill Ranch. <br />Included in the FAX was a letter stating that Trinidad Railway is the successor to Colorado and <br />Wyoming Railway as per a document dated November 17, 1992. However, as confirmed in <br />writing by Jerry Koblitz and verbally by Ron Thompson, A & K Railroad is the current owner of <br />the railroad. No mention of A 8 K Railroad is made in the FAX letter. This letter does not <br />provide information related to any current negotiations with A & K railroad concerning hauling of <br />coal by rail. The Division also understands that recently, a public notice in the Trinidad paper <br />was filed regarding abandonment of the railroad. This action seems contrary to using the rail <br />road for coal haulage. <br />Regarding the coal lease, the applicant had submitted a letter confirming coal lease <br />"discussions" between Lorencito and MGP Enterprises. However, information from section <br />2.03.4 of the permit application indicates "surface and coal ownership within the permit <br />boundary is owned by F. E. Hill..:' It is not clear how MGP Enterprises fits into the overall <br />picture. MGP Enterprises is not portrayed as a surface or coal owner. Based on this <br />information, the Division has no assurance that lease negotiations are ongoing between the <br />owner of the coal (Hill) and Lorencito Coal Company. In addition, regardless of coal ownership, <br />Rule 2.06.3(2) requires the consent of the surface owner for removal of coal by surface mining <br />methods. Please provide this consent. <br />Therefore, the Division believes the information provided to be insufficient at this time. If you <br />have questions or comments, please call me. <br />Berry <br />3ram Supervisor <br />CC: Robert A. Bassett, Dorsey and Whitney, LLP <br />