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I. Introduction <br />1 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />OF THE STATE OF COLORADO <br />IN THE MATTER OF THE APPEAL BY THE ESTATE OF BEN WRIGHT OF THE <br />DIVISION OF RECLAMATION, MINING AND SAFETY'S APPROVAL OF THE <br />NOTICE OF INTENT TO CONDUCT PROSPECTING OPERATIONS FOR THE <br />LONDON BUTTE PROJECT, FILE NUMBER P -2011 -029. <br />APPEAL OF APPROVAL OF NOTICE OF INTENT TO CONDUCT <br />PROSPECTING OPERATIONS AT THE LONDON BUTTE MINE <br />Judith Anne Meyer, as personal representative of the Estate of Ben L. Wright, Jr., <br />( "Estate "), by and through the undersigned counsel and pursuant to 2 C.C.R. 407 -1 Rule <br />5.13(d)(II) and Rule 1.4.11(1), respectfully appeals the Division of Reclamation, Mining, <br />and Safety's ( "DRMS ") approval of the Notice of Intent to Conduct Prospecting <br />Operations, File No. P -2011 -029 ( "NOI "). <br />On September 26, 2011, DRMS received Eagle Minerals, LLC's ( "Eagle ") NOI <br />to conduct prospecting operations involving property owned by the Estate ( "Subject <br />Property "). At the time Eagle submitted its NOI, an agreement between the Estate and <br />Eagle granted Eagle a right to enter and use the Subject Property. However, the <br />agreement was subsequently terminated due to Eagle's default thereunder. As of October <br />17, 2011, Eagle no longer possessed the right to legally enter or use the Subject Property. <br />As a result, Eagle or its assigns cannot conduct the prospecting activities subsequently <br />authorized in the NOI in accordance with Paragraph 3 of Permit Condition V, which <br />states "prospecting operations shall be conducted in such a manner as to comply with all <br />applicable local, state and federal laws and regulations ...." See also C.R.S. §§ 34-32 - <br />113(2)(b), 34- 32- 115(c)(I); 2 C.C.R. 407 -1 R. 5.3.6. The Mined Land Reclamation Board <br />("Board ") must therefore terminate the NOI. <br />II. Factual Background <br />1. Eagle and Ben L. Wright, Jr., executed the "Option Agreement London <br />Mining District Properties" on June 17, 2009 ( "Agreement "). In consideration of Eagle <br />having the right to enter, use, and potentially purchase certain parcels of real property <br />The Subject Property includes the real property as well as the mineral estate and the Estate owns <br />both. <br />2 The NOI submitted by Eagle has two paragraphs numbered 3 under Section V and the citation to <br />paragraph 3 throughout this appeal is to the second paragraph 3. <br />Mr. Wright passed away on January 27, 2010, and the Estate has assumed his rights and <br />responsibilities under the Agreement. <br />