2015-03-03_REVISION - C1981008 - Laserfiche WebLink

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Aw February 25, 2015 MAR 'a 3 2015 Mr. Daniel Hernandez Colorado Division of Reclamation Mining and Safety L'ivi�r ofReclamati,. o.,, iinir'iii�y� ;� �a�ia�y Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Certified Return Receipt Mail #70062150000246443495 RE: Request for Formal Hearing for the New Horizon Mine (Permit No. C- 1981-008), Minor Revision No. 92 (MR -92) dated February 20, 2015. I, Jimmy R. Guire 11, herby request a formal hearing as allowed in accordance with Rule 2.08.4(6)(c)(iii) and conducted in accordance with the requirements of 2.07.4(3). I am a member /manager of TMR47, LLC, who owns 131.84 acres, and approximately the northern 91 acres are included in Permit Number C- 1981 -008 under a lease to Western Fuels - Colorado, LLCs New Horizon Mine. Since we purchased the property formerly known as the San Miguel Power parcel (Montrose County Assessor Parcel Number 4269 -062-00 -014) (SMP) , we have had ongoing disputes with Western Fuels - Colorado, LLC (WFC), many of those have been settled by agreement. However, one main issue still remains in recognition of the legal property boundaries of our property. WFC even went so far as to hire a survey company to survey our property in June, 2014, the survey plat was recorded 9/16/2014 at Reception Number 858924 with the Montrose County Recorder's Office, to try and disprove our claims. This survey shows that the legal boundary WFC has been using is off on the east side, cheating us out of 11.84 acres, approximately another 9 acres now mined and reclaimed again cheating us out of our hay production. We have met with WFC/Tri -State representatives to settle this but was told to "continue" to use the pre -survey boundaries so that the information would "continue" to match up with maps, documentation and reports WFC has submitted to the Division of Reclamation Mining and Safety, and they told us they will meet with us and "make it right". When will this happen? After not receiving any correspondence from WFC, I sent WFC a notice of default under the terms of the mining lease and through the Amendment to Assignment of Mining Lease outlining the coal royalties not paid to SMP on the reaffirmed acreage of approx. 9 acres. The exact acreage was to be provided by WFC/Tri -State per our conference on July 28, 2014. There was no response from WFC/Tri- State, so we figured conservatively 8 acres on the spreadsheet we submitted to WFC/Tri- State. There has been no documentation provided to us showing that legal proceedings against our property either through quite title action or adverse possession have occurred. Yet, through their attorney Mr. Chris Kamper WFC continues to dispute the recognition of the results of the recorded survey which was requested and paid for by WFC regarding our property. WFC through their attorney Mr. Kamper is determined to come up with any excuse they can to dismiss the fact that we own the entire parcels as described in deeds as well as what was described in the survey and not to mention the Opinion of Title Report provided to WFC back in 1992. Mr. Kamper stated that WFC has paid royalties on our 9 acres to our neighbor. It is not a burden of the land owner, but is the responsibility of the mine operator to make sure monies are paid to the "legal" owner of record on the coal.