Laserfiche WebLink
contain proprietary, confidential and privileged information. Any unauthorized review, use, disclosure, or <br />distribution of this message or any attachments is expressly prohibited. If you are not the intended recipient, <br />please contact the sender by reply email and destroy all copies of the original message. <br />Begin forwarded message: <br />From: "Berry, David" <David.Berry@state.co.us> <br />Date: May 4, 2012 6:07:12 PM MDT <br />To: <themeadowsranch@gmail.com> <br />Cc: "Berry, David" <David.Berry@state.co.us> <br />Subject: Right of Entry Issue - New Horizon Mine <br />Hello Mr. Guire — I am attempting to contact you by this email address, as I have attempted <br />contact at the 970 - 864 -2121 phone number without success (the voice mail box indicates that it <br />is full and cannot accept messages). <br />I understand that you spoke with Sandy Brown (Division of Reclamation, Mining and Safety — <br />DRMS) this week regarding the right of entry issue for the property parcel formerly owned by <br />San Miguel Power Association, located within the New Horizon Mine permit area. Sandy <br />indicated that you are expecting further information from our agency, and Sandy referred the <br />issue to me. <br />Following the previous phone conversation between you and I, DRMS contacted Western Fuels <br />— Colorado (WFC) to advise them that you had informally asserted that WFC is without right of <br />entry to the subject parcel. WFC has informally asserted that they do have such right of entry. It <br />was also our understanding that various issues are currently under negotiation between you and <br />WFC. <br />Given that the issue is not resolved, and you are expecting further involvement by DRMS, I need <br />to request that you present your concerns in a letter to DRMS. The letter will allow us to better <br />understand both the nature and basis of your assertion. We will also forward your letter to WFC <br />for their response. DRMS will then asses the submittals in consultation with our representative <br />from the Office of the Attorney General. <br />DRMS previously advised both you and WFC that right of entry is a compliance requirement. <br />However, the issue becomes complicated when opposing parties present conflicting legal <br />positions. DRMS will assess the merits of the positions, but DRMS is forbidden by state to law <br />from attempting to render judgments regarding property rights disputes. Unless an obvious <br />conclusion can be drawn from the documents submitted, DRMS may need to refer to parties to <br />the courts. <br />2 <br />