Laserfiche WebLink
v <br />Berry, David <br />From: Chris Kamper [CKamper @cksmb.com] <br />Sent: Friday, April 20, 2012 2:17 PM <br />To: Berry, David; rlwade @wfcnucla.org <br />Cc: Jeff Fugate; Rech, Julie <br />Subject: RE: Guire Letter <br />Attachments: SMPA 1977 Amendment (00095783).PDF <br />David, <br />WFC received that letter yesterday, also. After reading your email I went back and read what I sent to you. Here is what <br />I said about Guire: <br />Access to former SMPA property — WFC has discussed the issue of its right of access with the new purchaser of <br />the SMPA property and after those discussions WFC believes that the mining lease applicable to that property is <br />still valid and in effect. Discussions are ongoing in an effort to resolve any disputes, in order to maintain good <br />will and good relations with the new surface owner. <br />I do not think the Guire letter is in any way inconsistent with my description, but let me know if you disagree. <br />I also point out that we just received this letter yesterday, and will respond in a couple of days. <br />We do believe the 1956 Mining Lease applicable to that property is valid, based on a provision in a recorded 1977 <br />instrument of amendment (attached) that says: <br />"The term of this lease shall be for 15 years from May 1, 1977, and shall continue for so long thereafter as coal or <br />other mining operations are being conducted on the leased premises, or any part thereof, or on any contiguous <br />or nearby lands as a part of a continuous or integrated mining operation or mining plan, unless sooner as <br />herein elsewhere provided." <br />The Guires disagree. We are negotiating in good faith in order to maintain good will and avoid a dispute with this <br />landowner, but do not think there is a serious question as to our right of access to that property. In addition to the <br />above -cited language, there are other provisions relevant to the term of the lease, however that one appears to put the <br />issue to rest as far as we are concerned. <br />I would be curious to know if Guire sent you a copy of the letter or if it was someone else. Since Guire took the step of <br />also faxing a copy of the letter to OSM, I give permission for you to forward this response to them, as you see fit. <br />Best regards, <br />Chris <br />CHRISTOPHER KAMPER <br />CARVER SCHWARZ MCNAB +BAILEY LLC <br />1600 Stout Street, Suite 1700, Denver CO 80202 <br />direct 303.893.1825 1 main 303.893.1815 1 fax 303.893.1829 <br />ckamoer @cksmb,com <br />If you are not the intended recipient of this email, please delete it from your system immediately Use of the <br />information contained in this email by anyone other than the intended recipient is strictly prohibited <br />1 <br />