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Michael B. Long, Director <br />February 22, 1994 <br />Page 2 <br />number should be assigned in conformance with the <br />Divisions numbering system. Such action is <br />appropriate in order to avoid any implication that <br />any conditions of the surface, structure inventory, <br />or rights of surface owners are limited or in any <br />other way affected by the 1981 date of the expired <br />permit for this mine. <br />2. Finding 6 on page 10 concerns the Right of Entry of the <br />Operator under certain deeds which are allegedly of <br />record in Las Animas County. The Division file does not <br />indicate that the Division has conducted any title work <br />or made any independent determination as to the extent of <br />any rights of access which the operator may have; rather, <br />the Division is simply relying on the implication under <br />the common law of the right of a severed mineral owner to <br />access the minerals. Of course, as you know, the right <br />to access minerals through any given surface tract is <br />limited to extraction of the mineral under that <br />particular property only. Finding 6 should be revised to <br />reflect this limitation, and to state that the Division <br />has not made an independent examination of the alleged <br />deeds. <br />3. Stipulations 66 - 70 are very close to what Raton West <br />has been requesting with regard to protection of the <br />interest of surface owners. The Division is to be <br />complimented for crafting these stipulations in a mariner <br />which should prove workable for both the operator and <br />overlying landowners. <br />4. We propose that an additional Stipulation be added to the <br />Golden Eagle permitting requirements. This added <br />Stipulation should call for the submittal by Basin of a <br />detailed narrative and appropriate map(s), sufficient to <br />describe all proposed surface disturbances to be <br />associated with the underground mining activities within <br />the permit areas, pursuant to Regulation 2.05.3(2)(b). <br />It is our understanding that such materials have not yet <br />been submitted by Basin in connection with the new Golden <br />Eagle Mine permit. <br />5. As to Stipulation 67, we propose that at least one of the <br />existing test holes constructed by Basin or its <br />Xnarsa, lirdhofm, XumG' 1r Aladrm <br />