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Nielson's Inc. et al. v. Kinney et al. Case No. 97 CV 90 <br />(D. N,ontezuma County) regardi,~ig who owns the sand and gravel <br />encompassing a portion of the Kinney's Orion Pit application area. <br />Normally, the Division does not look beyond the face of the <br />document supplied to demonstrate the right of entry. However, in <br />this case, because objections have been raised questioning the <br />applicant's right of entry and because the source of the <br />applicant's right of entry is subject to pending litigation, it was <br />encumbent upon the applicant to supply the Division additional <br />documentation demonstrating that he had an adequate right of entry <br />independent of the right of entry he claims under his oil and gas <br />lease. This further documentation was not supplied, therefore he <br />has not demonstrated an adequate right of entry to mine the sand <br />and gravel in a portion of the area for which he has applied. <br />The reasons for denial stated above have been the subject of <br />written requests for further information and exchange of <br />correspondence since the applicant's initial submittal over two <br />years and ten months ago on October 27, 1994. The Division <br />incorporates by reference all correspondence contained in the file <br />for application number M-94-115. <br />Please contact me at the Durango Field Office, telephone no. (970) <br />247-5062 if you have any questions. <br />Sincerely, <br />Tom Gillis <br />Senior Environmental Protection Specialist <br />/tdg <br />CERTIFIED MAIL NO.: Z 239 765 091 <br />Return Receipt Requested <br />a:m115dcOl.tdg <br />cc: <br />Stephen H. Kinney Dean E. T4olcott <br />Charles G. Kinney, Esq. Bill and Carrie Baikie <br />Richard L. Eason Douglas and Deborah Doty <br />Montezuma County Commissioners Raymond E. Keith <br />Mancos Soil Conservation District Halvor and Joanne Hill <br />Blake L. Mitchell Jimmie and Mary Burton <br />George Nike Young <br />nn34O <br />