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Hernandez, Daniel <br />From: Liane Mattson [Imattson@fs.fed.us] <br />Sent: Tuesday, June 12, 2007 1:38 PM <br />To: Hernandez, Daniel <br />Subject: Right of Entry Deer Creek shaft <br />He11o Dan, on the issue of right of entry, the basic right of entry for the Deer Creek <br />shaft is given by federal coal lease C-1362 (which was issued in 1967). Standard language <br />in Section 2 of coal leases reads "...[g]rants...... lessee the exclusive right and <br />privileges to drill for, mine, extract, remove, and otherwise process and dispose o£ the <br />coal deposits in, upon or under the following described lands ..... [t]ogether with the <br />right to construct such works, buildings, plants, structures, equipment and appliances, <br />and the right to use such on lease rights-of-way which may be necessary and convenient in <br />the exercise of lease rights and privileges granted, subject to terms of the lease. <br />(emphasis added). <br />Therefore, the FS Ae cord of Decision that will be issued for the Deer Creek shaft is not <br />the same as right of entry as brought forward in the CO coal rules as that is already <br />conveyed under the coal lease, rather the Record o£ Decision is to approve a specific <br />surface use on the existing coal lease, and constitutes an activity in which the lessee is <br />exercising their lease rights. <br />Please let me know if you need something further . <br />Liane Mattson <br />Leaseable Minerals Program Leader <br />Grand Mesa-Uncompahgre-Gunnison NFs <br />Phone: (970) 874-6697 <br />Fax: (970) 874-6698 <br />1 <br />