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III IIIIIIIIIIIIIIII <br />STATE OF COLC~iWUV <br />DIVISION OF MINERALS AND GEOLOGY <br />DCparlmenl OF Natural Re50urCe5 <br />1717 Sherman 51.. Room 215 <br />Denver, Colorado 80203 <br />Phone 0031 855 3557 <br />FAX.(3031832-8105 <br />Date: March 21, 1994 <br />To: Cheryl Linden <br />Attorney General's Office <br />From: David Berry <br />Re: Mountain Coal Co. - Minor Revision No. 117 - C-80-007 <br />II~~~ <br />DEPAkTMENT OI <br />NATURAL <br />RESOURCE` <br />Kuy Romrr <br />Governor <br />Ken $ala,ar <br />Execmrvr Uueaur <br />M.c ha el B Lnng <br />D rvnion Duraor <br />We request your assistance in determining whether Mountain Coal Co. <br />(MCC), has adequately justified their legal right-to-enter upon <br />certain lands owned by Larry and Elaine Mautz. In this case, MCC <br />wants to pass over a road section on the Mautz property, to access <br />lands owned by MCC. The access is needed to conduct surface <br />condition investigations in preparation for a future vent fan <br />installation. The investigations will actually occur on MCC <br />property. We have asked MCC to establish compliance with our rule <br />2.03.6. <br />Please be aware that the relationship between MCC, and Mr. and Mrs. <br />Mautz, is strained at best. Mr. Mautz has previously registered <br />complaints regarding the MCC operation. It is very important that <br />MCC properly establishes their compliance with 2.03.6. <br />MCC is relying on two arguments to establish their right to use the <br />Mautz road. First, they cite the attached CONSENT agreement <br />executed between Grand Mesa, and West Elk (aka MCC), with reference <br />to the subsequent Warranty Deed. We are not sure that the CONSENT <br />applies to this activity, since the CONSENT seems to refer <br />monitoring activities, not active mine facility development. We <br />also need to know if the Warranty Deed causes the CONSENT executed <br />with the previous landowner (Grand Mesa), to be valid with the new <br />landowner. Second, MCC cites their right-to-enter as being based <br />upon certain rights which accompany the original mineral leases or <br />patents. <br />Please also be aware that, to date, the landowner has not been <br />specifically notified. The minor revision decision deadline is <br />March 25, 1994, but we can force a continuance if needed. <br />Thanks for your help. <br />