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W <br />Larry B. Beckner <br />John A. Achziger <br />Care' McInnis Raaum <br />Bryce Palo <br />Brad H. Junge <br />uawc n. raio <br />(special counsel) <br />Miles Kara <br />(special counsel) <br />BECKNER, ACHZIGER, McINNIS, <br />PALO ~C JUNG E, LLC <br />Attorneys at Law <br />September li, 1996 <br />III ~II~I~~II~~II III <br />Suite 850. Alpine Bank Building <br />225 North Firih Street <br />P.O. Box 220 <br />Grand Juncoon, Colorado 81502 <br />Telephone (970) 245300 <br />Telefax (970) 243358 <br />~, <br />nrrt=~1/ED <br />SEP 1 ~ 19,yF <br />Mr. Scott Patten DIVLSIOn o1 wuner~i,y a ,.;NViugq <br />Flatiron Companies <br />P.O. Box 229 <br />Boulder, CO 80306 <br />RE: Walden Coal Company--Lease on 160 acres in <br />Jackson County, Colorado, now owned by <br />William G. Bush <br />Dear Mr. Patten: <br />As I stated during our telephone conversation on August 26, 1996, <br />I represent William G. Bush, who now owns the surface and mineral <br />rights to the following described property located in Jackson <br />County, Colorado: <br />Township 9 North, Range 78 West of 6th P.M. <br />Section 7: S~/SE% <br />Section 18: N~NE1/, <br />Since our conversation, I have again reviewed the Coal Lease on <br />the property dated May 10, 1978, wherein H/E Lowdermilk Company <br />is lessee; the Amendment to Coal Lease dated December 29, 1978; <br />and the Sublease dated December 29, 1978, between H/E Lowdermilk <br />Company, Lessee, and Flatiron Paving Company, Sublessee. I have <br />also reviewed the Colorado Surface Coal Mining Reclamation Act <br />(C.R.S. § 34-33-101, et seq., as amended) and the regulations of <br />the Colorado Mine and Land Reclamation Board for Coal Mining, and <br />spoken with Dan Hernandez at the Colorado Department of Natural <br />Resources, Division of Minerals and Geology. <br />Based on my review of the foregoing documents, statutes and <br />regulations, it is my conclusion that Walden Coal Company does <br />not presently have any rights to enter and possess Mr. Bush's <br />property or keep him from now exclusively possessing and using <br />the property for any legal purpose. In support of this conclu- <br />sion, I direct your attention to the Amendment to Coal Lease <br />dated December 29, 1978, which provides that the first sentence <br />of paragraph 2 of the Lease reads as follows: <br />