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Berry, David <br />From: Berry, David <br />Sent: Friday, May 04, 2012 6:07 PM <br />To: themeadowsranch @gmail.com <br />Cc: Berry, David <br />Subject: Right of Entry Issue - New Horizon Mine <br />WFC <br />- G In c�,,� 4 <br />— IC (r lrw-91v l <br />Hello Mr. Guire — I am attempting to contact you by this email address, as I have attempted contact at the 970 - 864 -2121 <br />phone number without success (the voice mail box indicates that it is full and cannot accept messages). <br />I understand that you spoke with Sandy Brown (Division of Reclamation, Mining and Safety — DRMS) this week regarding <br />the right of entry issue for the property parcel formerly owned by San Miguel Power Association, located within the New <br />Horizon Mine permit area. Sandy indicated that you are expecting further information from our agency, and Sandy <br />referred the issue to me. <br />Following the previous phone conversation between you and I, DRMS contacted Western Fuels — Colorado (WFC) to <br />advise them that you had informally asserted that WFC is without right of entry to the subject parcel. WFC has <br />informally asserted that they do have such right of entry. It was also our understanding that various issues are currently <br />under negotiation between you and WFC. <br />Given that the issue is not resolved, and you are expecting further involvement by DRMS, I need to request that you <br />present your concerns in a letter to DRMS. The letter will allow us to better understand both the nature and basis of <br />your assertion. We will also forward your letter to WFC for their response. DRMS will then asses the submittals in <br />consultation with our representative from the Office of the Attorney General. <br />DRMS previously advised both you and WFC that right of entry is a compliance requirement. However, the issue <br />becomes complicated when opposing parties present conflicting legal positions. DRMS will assess the merits of the <br />positions, but DRMS is forbidden by state to law from attempting to render judgments regarding property rights <br />disputes. Unless an obvious conclusion can be drawn from the documents submitted, DRMS may need to refer to parties <br />to the courts. <br />Please provide the requested letter at your earliest convenience. <br />Thank you, <br />David Berry <br />1 <br />