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Mined Land Reclamation Board 14 November 1994 <br />page 2 <br />Secondly, we must firmly assert that the sand and gravel <br />resources located upon or within or beneath the described <br />premises are the property of solely my wife and myself as <br />sole owners of the surface estate of the premises, and that <br />we have not granted the applicant any rights to mine sand <br />and gravel, nor disturb the surface in any way except to <br />produce oil and gas. Any grant by any other "mineral es- <br />tate" owners to mine sand and gravel or to even utilize on- <br />site reserves of sand and gravel (by whatever terminology <br />used) for any purpose, including for the production of oil <br />and gas, is mistakenly and un-lawfully granted since no <br />other mineral estate owner has ownership rights to the sand <br />and gravel resources on the premises. <br />Article 34-32-112 (2)(c) of the "Colorado Mined Land Recla- <br />mation Act" clearly states that the application forms shall <br />state the owner of substance to be mined. The Orion Pit <br />application erroneously states that the applicant is that <br />owner, which he is not. Further, C.R.S. 34-32-112(2)(d) <br />requires the application to state "The source of the appli- <br />cant's legal right to enter and initiate a mining <br />operation", to which the applicant implies that his partial <br />(5/8 iaterest) oil and gas leases grant the right to mine <br />sand and gravel, which they do not, even if he did own or <br />lease 100% of the mineral interests. <br />For the abcve stated reasons we must point o»t that the <br />claims of the application are false and we must insist that <br />the application be rejected by the Board. <br />Very truly yours, <br />~-~~_°z <br />Ge rge Mike Young <br />Landowner <br />DLC/GMY:ls <br />Copy to: Maynes, Bradford, Shipps & Sheftel <br />823 East 2nd Avenue, Suite 123 <br />Durango, Colorado 81301 <br />cc: file <br />0019]. <br />