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iii iiniuiiiiu iii <br />MINcD LAND RECL.4~AAT1OPI DID/IS1ON <br />Department of Natural Resources <br />t 313 Sherman SL. Room 215 <br />Denver, CO 80203 <br />303 666-3567 <br />1=ax~ 303 832 8106 <br />~'~o <br />..\ i /. <br />/A 76 <br />Roy Ramer. <br />Governor <br />Michael B. Long, <br />Drvis~on Director <br />DATE: August O5, 1992 <br />TO: Frank Johnson <br />r ~ -- <br />FROM: Susan Morrison~~ rl.,~ "r... <br />RE: Meadows #1 Mine (Our file #C-81-029) <br />Attached please find a copy of a coal muting lease agreement between Sun Coal Company, <br />Incorporated and John A. and Allie M. Eilts. Also attached is a copy of Routt County District <br />Court Civil Action No. 81CV93 and a July 14, 1988 settlement agreement reached between the <br />aforementioned parties. <br />The Division is currently assessing remaining reclamation liabilities at the Meadows #1 Mine. <br />John Eilts, the owner of a majority of the permit area has asserted that all facilities on site shall <br />become his property. Mr. Eilts claims that a clause in the lease agreement states that all <br />facilities are to remain. A statement in the lease document reads "Lessee (Sun Coal) shall not <br />remove any structure or building which shall be deemed to have become a part of the real <br />property..:' Sun Coal Company, the operator of the mine, has agreed to leave some structures, <br />as noted in the 1983 court order. <br />The Division has determined that retention of certain facilities would not coincide with the <br />proposed post mining land use, that being agricultural use. Please review the attached <br />documents to determine if the Division has any legal basis to seek the removal of facilities at <br />the site. If you have questions or are in need of additional information, please call me or Larry <br />Routten. <br />STATE CAF C~L~RAD~ <br />