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~i a i III IIIIIIIIIIIII III BALDWIN RESOURCES, INC. 2928 STRAUS LANE. SUITE /200 ~ COLORADO SPRINGS, COLORADO 80907 ~ I~~ 820-1381 719 Mr. Vance Mills Trinidad Basin Mining Co HC-81, Box 6 Barbou n•ille, KY. 40906 ,1AN 6 »~p January 4, 1990 MINED I~NQ c RECLAMATION DIVI,iION ~. ; : J ~ y. 1"a is ~'3 % i ~' ~d ~ `~; 1 it Re: Trinidad Basin Mine (C-81-048) Dear Mr. Mills, I have had time to calm my anger over the material received in your December 21, 1989 letter regarding the partial bond release. Serdly I do not see this matter being resolved as early as you do since I have some serious problems with the contents of Mined Reclamation's enclosures and their conclusions. While I think they are doing their jol~ and in all likelihood trying to do what is right for their agency, they have no right to involve us or to interfere with our project and our development. Therefore I wish to review their November 15 memoletter. Par. #1 - It states, "...much of the subdivision may be undermined." Nine lots out of sixty four does not constitute "much" and it clearly shows no more than 50% of each lot was mined. These are not one-acre lots, they are 35+acres and people do not have to build on the reclaimed area. These people aren't stLlpid and must comply with county building codes. No one is going to build on a 1-1 slope in the first place so why make such a big issue out of it? This appears to he a case. of big Brother out of control. Par. #2 - "No surfacing material or culverts have been installed...". Roth statements are totalL.Y incorrect!! Culverts have been insl;a p ed and in two places reclamation culverts were replaced with larger ones. Roads have been compacted and road base placed on the top exceeding county standards. There is and has always been a home on Lot #38 which is another error in their letter. Pnr• #3 - ...I stls~ect ti,at we have no jurisdiction over any party other than the Permittee." There possibl}• is the on l}• fully accurate statement in the report. Our attorneys are waiting with their tongues hanging out if anyone thinks otherwise. We have a title policy, a deed and clear title without any conditions attached. We are simply trying to assist but not if it is going to ciamnge Irs in any way. It further states "I believe we should inform the Permittee, the Land Developer and the County Commissioners...." This needs to be very carefully review•eci!! Please allow me to be very clear and concise with what I am going to say. Upon the mailing of any letter or notice the lawsuits are going to fly like hell!! Mined Reclamation has no anthorit,v, no jurisdiction nor business in sending out any letter to anyone malting these types of claims. The Las Animas County Commissioners have no jurisdiction over this proPeL•ty as it is exempt under Senate Bill 1035 and upheld by the Supreme Court. Plus, they have no evidence nor proof to back up such a libnloua statement. To send out such a notice will be viewed as libel and we will immediately commence a damage suit since it certainly will do exactly that. Mined Reclamat.iun can buy this property I•rom us and our buyers and then they can do as they wish, but until then they are going to cease with this type of interference and program.