PERMFILE123615

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 8/18/2006
• Doc Name: Response to 08/10/06 Adequacy Review
• From: EAI
• To: DRMS
• Media Type: D
• Archive: No

08/18/2006 07:07 7192751715
CONST SERVICES BLDG
PAGE 07
TEM1'~i WIELGA kiARD'I' 6t: I,pNGENEG~R LLP
1900 Wazee Street, Suite 303
Denvet, Colorado 80202
Scott W. Hard< Phone: [phone]
Direct: (303) 38,L2909 Pax: [phone]
hazdtQtwhlaw.com www.twhlaw.eom
August 17, 2006
Ms. Kate Pickford
Division of Reclamation Mining and Safety
Department of Natural Resources
State of Colorado
701 Camino del Rio
Durango, CO 81301
and
1313 Sherman Street' Room 215
Denver, CO 80203
Re: Allen Drilling and Excavating Co., Inc.; Permit File No. M-2005-080
Dear Ms. Pickfard:
We are writing in response to your August 1 Q 2006 letter to Angela Bellantoni. You
requested a legal opinion explaining why a recently filed complaint seeking to quiet title to one-
half ofthe minerals within certain properties in Park County, Colorado does not affect Allen
Drilling and Excavating Co. Inc.'s ("Allen") right to cuter and mine sand and gravel on its
portion of that property. For the reasons discussed below, the quiet title complaint has no affect
on Allen's right to enter and mine sand and gravel from its property. Consequently, as the
Division has previously recommended, Allen is entitled to approval of its pending reclamation
permit application.
I. Allen Has Satisfied The Board's Rules Regarding Its Legal Right To Eoter
Your August 10, 20061etter states that the Colorado Division of Reclamation, Mining
and Safety ("Division's is evaluating Allen's compliance with Rules 6.3.7 and 6.4.14 of the
Mineral Rules and Regulations for the Extraction of Construction Materials ("Rules"). Rule
6.4.14 requires the applicant to provide an exhibit setting forth "[t]he source of the
Operator's/Applicant's legal right to enter and initiate a mining operation on the affected land" in
accordance with Rule 6.3.7. Rule 6.3.7 requires an applicant to "[p]rovide a description of the
basis for legal right ofentry to the site and to conduct mining and reclamation..." This
requirement may be satisfied by providing a copy of an access lease, deed, abstract of title or a
current tax receipt, or by providing a signed and notarized statement of the landowner stating that
the Operator/Applicant has legal right to enter and mine. See Rule 6.3.7.