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~ iii iuiiiiiiiiu iii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmeni of Natural Resources <br />U 1 3 Sherman A ,Room 21 5 <br />Denver, Colorado 80207 <br />Phone: 13071 866J56i <br />FAX (7051 8T2-8106 <br />October 24, 1996 <br />Mr. Paul McGehee <br />United Companies of Mesa County <br />P.O. Box 3609 <br />Grand Junction, Colorado 81502 <br />Re: Easements -Source of Legal Right to Enter <br />United/Norwood Gravel Pit, File No. M-88-037, Amendment No. 1 <br />Dear Mr. McGehee: <br />You have revised your pre-mining plan map by showing four separate access easements within your <br />proposed amendment area. <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />ERecNive Dueaor <br />Michael B. long <br />Division Director <br />[t has become clear to the Division that to satisfy the requirements of Exhibit N of your amendment <br />application, you must provide the source of your legal right to enter and initiate mining operations within <br />the easements. <br />Please provide by November 7, 1996, to the Division and all parties to the hearing your source of legal <br />right to enter these easements. <br />In the event that you cannot provide all sources of your legal right to enter these areas, the Division will <br />propose at the hearing a new condition to approval of the application. That condition would be that you set <br />back your mining and reclamation activities a safe distance from the easements until you provide the <br />Division evidence of your right to enter and initiate mining operations. The Division has decided that it <br />would make such a proposal based on the facts that (1) ~~ou made an effort to identify all easements within <br />the amendment area, (2) the easements in Montrose County were either not of record or possibly improperly <br />recorded in San Miguel County, (3) you notified all easement holders of your application, (4) no objections <br />to approval of the amendment were received from any owners of the easements, and (5) you have been <br />operating and providing San Miguel County the access their easement requires. <br />Please call if you have questions. <br />Sincerely, <br />;~. <br />Larry D. ehler <br />(~~,p~"~-Sf <br />Environmental Protection Specialist <br />LDO/bjw <br />cc: Jim Cooley, MLRB <br />Bruce Humphries, DMG <br />Cheryl Linden, AG <br />Jim Stevens, DMG <br />Parties to Hearing <br />Certified Mail No. Z 416 952 617 <br />Return Receipt Requested <br />\eWrMB®O7.1D0 <br />