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RECEIVED <br />W'ptM'ENT~ a r~~,1 <br />• C 9 <br />0 <br />~~4CN I ~0' <br />UNITED STATES DEPARTMENT OF THE INTERIOR <br />BUREAU OF LAND MANAGEMENT <br />UNCOMPAHGRE FIELD OFFICE <br />2505 South Townsend <br />Montrose, CO 81401 <br />MAR 2 2 1999 <br />Diasion of Minerals & Geology <br />IN REPLY REFER TO: <br />2800 (CO-034) <br />COC-62688 <br />MAR 19 1999 <br />CERTIFIED--RETURN RECEIPT REQUESTED <br />Bowie Resources, Limited <br />P. O. Box 1488 <br />Paonia, Colorado 81428 <br />DECISION <br />Rieht-of-Wav Grartt Offered <br />Fair Market Value Rent Determined: Payment Due <br />Enclosed are the original and two copies of the grant we propose to issue for the above-referenced <br />right-of--way for undergrotmd ventilation and access entries (tunnels). Please sign on page 2 of the original <br />• and 1 copy and return them to this office. The third copy is for your records. When we receive the executed <br />documents, we will then be in a position to issue the right-of--way, all else being regular. <br />This grant becomes effective on the date it is signed by an authorized officer of the Bureau. A signed copy <br />will be returned to you. <br />Tn addition, regulation 43 CFR 2803.1-2, as amended, requires a grant holder to pay annually, in advance, the <br />fair market value of the right-of--way. Fair market rental for the right-of--way has been determined to be <br />$800.41 per year. Therefore, rental from April I, 1999, to December 31, 1999, is $600.31. Total rental due <br />at this time is $600.31. The remittance is to be made payable to the Department of the Interior-BLM and <br />submitted with the executed copies of the grant offer. <br />The applicant has 30 days from receipt of this decision within which to accept, execute, and retttm the <br />right-of--way grant offer. If the offer is neither properly accepted and returned within the time allowed, the <br />application may be considered withdrawn, and will be closed on our records. <br />This rental determination may be appealed to the Interior Boazd of Land Appeals, Offrce of the Secretary, in <br />accordance with the regulations 43 CFR, Part 4 and the rnclosed form CSO 1840-3. If an appeal is taken, <br />your notice of appeal must be filed in this office (at the above address) within 30 days from receipt of this <br />decision. The appellant has the burden of showing that the decision appealed from is in error. Please note, <br />however, that under the regulations in 43 CFR 2804.1(b), this decision is effective even if an appeal is filed. <br />Therefore, payment of rental is required prior to execution of the right-of--way grant. Any rental payment <br />made under protest will be held in suspense tmtil the appeal is resolved. <br />If you wish to file a petition pursuant [o regulation 43 CFR 4.21 (58 FR 4939, January 19, 1993) or 43 CFR <br />• 2804.1 for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by <br />the Boazd, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to <br />