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<br />l.~~y l <br /> <br />LEAVENWORTH & LOCHHEAD, P.C. <br />ATTORNEYS AT lAW <br />LOYAL E. LEAVENWORTH <br />JAMES S. LOCHHEAD <br />SHERRV A. CALOIA <br />THOMAS L. ADKISON <br />Don DeFord, Esq. <br />Garfield County Attorney <br />109 Eighth Street <br />Glenwood Springs, CO 81601 <br />February 15, 1991 <br />Re: Garfield County Resolution No. 85-42: <br />Eastside Coal Comnany <br />Dear Don: <br />1011 GRAND AVENUE <br />PA. DRAWER 2030 <br />GLENWOOD SPRINGS, COLOIIADO 81602 <br />TELEPHONE: (303) 945 2261 <br />FAX: (303) 94 733~~ <br />I am writing on behalf of Eastside Coal Company with regard to the resolution for tlic <br />issuance of a special use permit for Eastside Coal's mine, Resolution No. 85-42. It is my <br />understanding that the County may take a position that Eastside Coal's mine is not in <br />conformance with the Garfield County Zoning Resolution, in that the special use permit for the <br />mine has expired. I am writing to outline the position of Eastside Coal on this issue and to seek <br />a clarification of the County's position. <br />We have been able to develop some history of coal mining operations on tlu; property <br />by Easlside Coal Company and by its predecessors in interest. That history leas been developed <br />through examination of the records of the County, records of the Mined Land Rrclamatiolt <br />Division in Denver, and interviews with various people involved in the use of the property over <br />many years. <br />As far as we can determine, all mining activity has been undertaken on a single piece of <br />property, which is located immediately below the dam for Harvey Gap Reservoir, ;rnd which <br />straddles the County Road through Harvey Gap. Coal ownership is virtually identical to surface <br />ownership. Enclosed for your reference are two maps prepared by Steve Self of Eastside Coal. <br />The first map shows the relative ownership patterns between surface and coal ownership. The <br />second map shows the locations of the various mines which have been in operation on 111e <br />property since at least 1913. Also enclosed are two deeds. The first deed shows a conveyance <br />of the subject property from Phora H. Wiggins, et. al., to Helen Eldridge in 1980. The second <br />deed is a conveyance of the property from Helen Eldridge to Helen and Ed Eldridge, Trustees, <br />in 1985. These are the current owners of the property. <br />i fiave also enclosed a table which summarizes annual coal production unclertal;cn on lllis <br />property since 1913. Attached to the table are copies of annual reports prepared Uv the St:tte <br />DQOItDA.4LT <br />