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~ III IIIIIIIIIIIIIIII ~ '~~~~ °91i~ <br />DORSEY & WHITNEY LLP <br />MINNEAPOLIS REPUBLIC PLAZA BUILDING, $VITE 4400 NEW YORI( <br />wnsNiNGTOrv. D.C. 370 SEVENTEENTH STREET <br /> DELAYER <br />LONOON DENVER, COLORADO 80202-5644 <br /> SEATTLE <br />BRUSSELS TELEPHONE: (303) 629-3400 <br /> FA0.G0 <br />Norvc xorvc FAx: (303) 629-3450 <br />DES MOINES BILLINGS <br /> ROBERT A HASBETT <br />ROCHESTER (303) 62&1515 MISSOULA <br /> baasett.bob®doneylaw.com <br />COSTA MESn GREAT FALLS <br />September 2, 1997 <br />RECEIVED <br />HAND DELIVERED <br />Steve Brown, Esq. <br />Attorney General's Office <br />1525 Sherman, Suite 500 <br />Denver, Colorado 80202 <br />Dear Mr. Brown, <br />SEI' 0 4 1991 <br />Division of Minerals & ueologq <br />Enclosed are the materials we discussed this morning in the case between <br />Golden Wonder Mining, LLC and Au Mining, concerning the Golden Wonder <br />Mine in Hinsdale County, Colorado. As you can see, the dispute is essentially <br />whether or not Au Mining has the right to use Golden Wonder's claims to operate <br />on patented mining claims owned by LKA International. <br />The easiest access to LKA's claims is through a tunnel on level 6 of the mine, <br />which is located on the unpatented Burns and Bigelow claim, serial number CMC <br />248318. The court found that Golden Wonder Mining is the current claim holder <br />on the Burns and Bigelow (Order, Conclusion of Law 1). Au Mining admits that it is <br />operating on the Burns and Bigelow claim without the invitation, permission, or <br />consent of Golden Wonder Mining (Ansl~~er, paragraph 6). <br />Golden Wonder Mining's biggest concerns are safety and liability. Golden <br />Wonder Mining is not taking steps to ensure the safety of anyone working in the <br />tunnel, and Au Mining has no permission from Golden Wonder Mining to do so. <br />If an accident occurs to a miner working in the tunnel, Au Mining will have been <br />operating there without a permit, and Golden Wonder Mining may have to defend <br />an action for damages simply by virtue of being the owner of the property. <br />It is my understanding that a mining company cannot operate a mine in <br />Colorado without first obtaining permission from the owner of the property to enter <br />and initiate a mining operation (g 34-32-112, C.R.S. 1973, Repl. vol. 1995). Golden <br />Wonder Mining is the owner of the tunnel on level 6 by virtue of its ownership of <br />