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~~MI O, <br />;_~--~~~`-~ UNITED STATES DEPARTMEN'P OF THE INTERIOR <br />.Ip~j ~ BUREAU OF LAND .MANAGEMEP7T <br />"~ LITTLE SNAKE,RESOURCE AREA <br />,,4 ~„ 45$ EMERSON rSa'REET <br />CRAIG, COLORA~1b' 8Y625-1129 <br />' ~.~'~ <br />In Reply Refer To: <br />3480(170) <br />COD~053710 <br />COD-033327 <br />January 29, 1998 <br />James F. Fulton <br />Chief, Denver Field Division <br />Office of Surface Mining <br />western Regional Coordinating Center <br />1999 Broadway, Suite 3320 <br />Denver, Colorado 80202-5733 <br />Dear Mr. Fulton: <br />This letter is in response to your telephone request on November 19, <br />1997, for concurrence with Colorado Division of Minerals and Geology <br />(CDMG) proposed decision, dated November 3, 1997, and identified as <br />SL-02 in Mine Permit No. C-80-001. The proposed decision proposes to <br />approve Phase I bond release for the following lands in parts of the <br />west Ridge and Center Ridge areas of the Edna Mine, operated by <br />Pittsburgh & Midway Coal Mining Co. (P&M). This proposed bond release <br />applies to approximately 607 acres lying within the approximately 900 <br />acres described below. The majority of the coal mined in this area <br />was under private ownership with the exception of the federally owned <br />coal underlying coal lease COD-053710 and a portion of coal lease COD- <br />033327. The affected surface estate is in private ownership except <br />for the following public domain land all located in T.4N., R.86w., <br />section 14: SE'/,SEY. (lot 12); section 23: ES4NE'/,; section 24: NE'bSWy,, <br />NWy,SE'd. <br />There are concerns with the legal description of the lands to be <br />released included in the proposed CDMG decision and in the P&M bond <br />release application that you faxed. The usage of commas is critical <br />within a legal land description and both of these descriptions use <br />them incorrectly. In the bond release application, the description <br />does not agree with the map in section 23. However, based upon both <br />the description and the map in the bond release application, the <br />intent of P&M is interpreted as described below. Enclosed is an <br />excerpt of the BLM coal lease plat diagraming our interpretation of <br />the P&M legal description and highlighting the federal surface <br />ownership. <br />The BLM concurrence for this Phase I bond release is given on the <br />basis of this interpretation of the lands involved. If the lands <br />described below are not those being considered for release, this <br />concurrence is void. we believe CDMG should make every effort to <br />correct the record in this matter so that there is no confusion in the <br />