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PETITION TO THE COLORADO MINED LAND RECLAMATION BOARD <br />FOR DECLARATORY ORDER ~D IS `kl L~~ 6 L~~ <br />~ L~ LS <br />MAR 15 1981 <br />IDENTIFICATION: WANED LAND RECLAMATION DIVISION <br />Colo. Dept of Natural Resources <br />The Petitioner is The Victor-American Fuel Company, 1457 <br />Broadway, #911, New York, New York, 10036. The Petitioner is <br />not a permittee pursuant to the Colorado Surface Coal Mining <br />Reclamation Act with respect to the lands which are the subject <br />matter of this Petition. <br />STATUTORY BASIS: <br />This Petition is based on C.R.S. §24-4-105 (1973) and Rule <br />1.14, 2 C.C.R. 407-2, and relates to violations of C.R.S. <br />§34-33-110(2)(g) (1983 Supp.), §34-33-110(2)(j) (1983 Supp.) <br />and §34-33-114(2)(a) (1983 Supp.). <br />STATEMENT OF FACTS: <br />The Petitioner, The Victor-American Fuel Company, is the <br />owner of all of the coal in Section 15, Township 31 South, Range <br />65 West, 6th P.M., except the coal in the N'~NEta of the Section. <br />On December 13, 1982, Trinidad Basin Mining, Inc. received a <br />mining permit [Permit No. C-048-B1] from the Colorado Mined Land <br />Reclamation Division pursuant to the Colorado Surface Coal Mining <br />Act [C. R.S. §§34-33-101 - 34-33-137 (1983 Supp.)1 to mine the coal <br />owned by The Victor-American Fuel Company in Section 15. At the <br />time the permit was issued, Trinidad Basin Dtining, Inc. had no <br />documented legal right to mine the coal in Section 15 owned by <br />The Victor-American Fuel Company, and Trinidad Basin Mining, Inc. <br />does not have such right today. <br />Permit C-048-81 was issued as an uncontested permit despite <br />the fact that Trinidad Basin Mining, Inc. had not provided the <br />