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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />January 16, 2004 <br />Sandra White <br />29515 Routt County Road No. 27 <br />Oak Creek, CO 80467 <br />Re: Eagle Mine Complex, C-1981-044, Right of Entry <br />Dear Ms. White: <br />OLORADO <br />I V[ S 1 0 N O F <br />INERALS <br />GEOLOGY <br />0.EC LANATION•NINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division has been informed that RAG-EC has terminated the lease on lands described by Section 36 <br />T6N, R92W, 6tl' P.M.; Lot 3 of Section 25, and Lot 1 of Section 35 T6N, R 92 W; and Lots 10, 11, 20, <br />21, of Section 31 T6N, R91 W, 6a' P.M allowing right of entry to the surface and coal. RAG-EC has <br />stated in the permit that they will not re-enter the coal within the property boundary, and will not resume <br />mining of the coal within the described property boundazy. Coal Mine operators aze required by Rule <br />2.03.6 to maintain Right of Entry to conduct surface mining operations. Based upon telephone <br />conversations with the landowners and RAG-EC on January 15, 2004, it is apparent that no current <br />surface lease agreement exists between RAG-EC and the owners of the above property. <br />The sealed Portal No. 5 lies within the property in question. RAG-EC has not completed reclamation <br />activities or received fmal bond liability release on the backfilled portal area and must maintain surface <br />access to this portion of the property. RAG-EC asserts that RAG-EC continues to have right of surface <br />access to the surface property. Please provide the Division written documentation of the basis of this <br />right of entry, as required by Rule 2.03.6(2). Please provide this information by 5:00 pm January 21, <br />2004. <br />Please call if you have further questions regazding this decision. <br />Sincerely, <br />Janet H. inns <br />nviro ntal Protec~lon Specialist <br />C:\jhb\C1981010\RN04Uanuary 16.doc <br />Cc: Cheryl Linden, Office of the State Attorney General <br />Office of Office of Colorado <br />Mined Land Reclamation Arrive and Inactive Mines Geological Survey <br />