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..amett, Acting Director 1994 2 cuts would be required. Raton West field personnel met with Basin Resources field personnel and reached consensus on minimally destructive hole locations, but Basin has refused to modify their original proposal accordingly, and the Division and the Board have not required Basin to do so. Please see Reg. 4.21.4(3)(a) referenced above. We believe that Division personnel never visited the proposed drill sites. 3. Access to Hole NM-25 is approved across Rancho Escondido, although the hole itself is off the subdivision in Section 16. That Section is a "school section" and the minerals in Section 16 have never been in common ownership with those under Rancho Escondido; nor has surface ownership. Under applicable law, the owner of the minerals under Section 16 has no right of access across Rancho to mine or explore for minerals in that Section. Such access without permission constitutes a trespass. See, for example, Mountain Fuel Supply Co. v. Smith, 471 F.2d 594 (10th Cir. 1993). Nevertheless, despite request by Raton West that TR-28 be contingent, as to hole NM-25, upon Basin obtaining landowner access consent, the Division and the Board refused to impose such a contingency. This is unusual in that generally permitting is made contingent upon compliance with all other applicable law. As approved, TR-28 facilitates a trespass. Please be advised that although Raton West does not any longer own the lots upon which the [three] holes within Rancho Escondido would be drilled, it does own the roads in Rancho Escondido over which TR-28 improperly facilitates a trespass. Raton West is a proper party in the proceedings concerning all holes which are the subject of TR-28, which proceedings are open to any member of the public. Raton West has a direct interest in that its further sales of lots are adversely affected by failure to enforce the law. We understand that the only notice that was given to the owners of the affected lots was notice by publication. We do not believe that notice by publication in Trinidad, Colorado is actual notice to out of state persons. Raton West is not an agent of the lot owners, but because the lot owners are largely out of state, Raton West's specific concerns should be addressed and the law enforced. We are concerned that the mention in the Board decision of "property rights issues" is an indication that the Board is uncertain whether existing law and regulations apply in the case of severed mineral interests. We are not aware of any basis for such an exception. Enclosed with this letter please find: 1) Map of Exploration Hole Locations Aruua, LidhoLn, tiu+ntl 6 Madsen