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<br />STATE CJF COLORADO <br />BOARD OF LAND COMMISSIONERS <br />Department of Natural Resources <br />1313 Sherman Street, Room 620 <br />Den.•er, Colorado 80203 <br />Phone: 13031 866-3a5a <br />FAX: t303) 866-3152 <br />July 28, 1998 <br />Thomas Brubaker <br />Nalco Inc. <br />P.O. Box X50 <br />Rocky Ford, CO 81067 <br />REC~ EIVE~ <br />~ t:1~ <br />Subject: Mining Activity <br />State TrustlvSinerals <br />Township 22 South, Ranee 46 West, Prowers County, Colorado <br />Section 29: N2SW4 and Section 30: NE4SE4 <br />Dear Mr. Brubaker: <br />^~~~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ray Romer <br />Corernor <br />lames 5. Lochhead <br />Executive DveUOr <br />Charles E. Bedford <br />Director <br />The State Board of Land Commissioners (the "Board") has recently become aware that <br />Nalco, Inc. ("Nalco") has asked the Mined Land Reclamation Board ("Mined Land") to amend <br />Mined Land Reclamation Permit M-77-572 (the `'Permit"). On July 8, 1998, I advised you that <br />the mineral estate underlying the Permit lands is owned by the Board and must be managed <br />according to Constitutional mandate to benefit the trusts of the state. In this regard the Board <br />has consistently taken the position that sand and gravel underlying trust lands is part of the <br />mineral estate. Accordingly, these minerals cannot be extracted absent a mineral lease from the <br />Board. <br />Confirming our conversations, we would like to discuss with you Nalco's historic mining <br />activity on Board property, and work with you to facilitate future mining with a properly <br />approved mining lease. In the interim we will ask Mined Land to defer any decision on the <br />requested amendment to the Permit until we can adequately review Nalco's activities and [he <br />effect, if any, the amendment may have on the Board's mineral interest in these lands. We look <br />forward to discussing the matter further with you in the neaz future. <br />Sincerely, <br />~~ ~~~ <br />Mark W. Davis <br />Minerals Director <br />cc: Charles Bedford, Director State Land Board <br />Michael Long, Director Division of Minerals and Geology <br />Cynthia McNeill, Assistant Attorney General <br />COMMISSIONERS: Luanne C. Hazelrigg, Jay P.K. Kenney, John R. Stulp, Thomas W. Swanson, Charles A. '/idal <br />