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<br />r#ECEIVEQ <br />NOV 7 6 i9g4 <br />Division of Minera~s & Geology <br />14 November 1994 <br />8025 County Road 39 <br />Mancos, Colorado 81328 <br />Mined Land Reclamation Board <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Reference: Orion Pit Application <br />Section 1 & 2, T35N, R14W, N.M.P.M. <br />Stephen H. Kinney, Applicant <br />Gentlemen: <br />Please consider this letter a protest to your consideration <br />of the ORION PIT Sand and Gravel Permit Application, notice <br />of which was published Thursday November 3 and 10, 1994, in <br />the Montezuma Valley Journal in Cortez, Colorado. <br />The public review copy of the application at the Montezuma <br />County Courthouse shows the applicant claiming to own the <br />"majority" of rights to mine sand and gravel from property <br />owned by my wife and myself in the NW 1/4 of Section 1 and <br />the NE 1/4 NE 1/4, SE 1/4 NE 1/4, and NE 1/4 SE 1/4 of <br />Section 2, T.35N „ R.14W, N.M.P.M. <br />Apparently the applicant's claim is based upon "Oil and Gas" <br />leases granted by my wife and myself for our 1/8 ownership, <br />and by Mr. & Mrs. Robert F. Wilburn, Jr. for their 1/2 <br />ownership of the °mi.aeral° interests of the above described <br />premises. <br />First of all the subject oil and gas leases clearly state <br />that they are "...for the sole and only purpose of mining <br />and operating for oil and gas, and laying pipe lines, and <br />building tanks, power stations, and structures thereon to <br />produce, save and take care of said products,..". Nothing <br />in those leases grants the right to mine and produce for <br />sale any material other than gas and oil. Incidentally, <br />only the NW 1/4 NW 1/4 of Section 1 was granted the oil and <br />gas lease: The remaining three quarter-quarters in that <br />quarter section (Ni9 1/4) are not covered by any lease. <br />00190 <br />