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TDN Response <br />New Horizon Mine <br />October 14, 2010 <br />:Page 2 <br />The Division understands that WFC has a valid lease with the Morgans and therefore has a legal right <br />to enter and mine the Morgan property within the New Horizon Mine permit area. As set forth in 34- <br />33-110(2)(j) and Rule 2.03.6(3), neither the Division nor the Mined Land Reclamation Board have <br />jurisdiction to adjudicate property rights disputes. If at any time, the Division receives a ruling from a <br />court indicating that the lease is no longer in effect, then the Division would pursue appropriate <br />enforcement action against WFC. <br />The Division will not take any enforcement action in this matter at this time, because we do not believe <br />a violation of the Act, Regulations or permit has occurred. <br />Please contact me if you have additional questions. <br />Sincerely,, <br />i <br />Dayi erry <br />Di ector, Office of Mined Land Reclamation