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C <br />~ III IIIIIIIIIIIII III <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources ~ <br /> <br />1 317 Sherman SI., Room 215 ~ <br />Denver, Colorado 80207 I~~ <br />Phone (3031 866-3567 <br />FA%:13031 8328106 <br /> DEPARTMENT OF <br /> NATURAL <br />March 25, 1994 <br /> RESOURCE <br />Mr. Henry Barbe Roy ROmer <br />Mountain Coal Company ~OVef^°r <br />P.O. BOX 591 Ken Salazar <br />Somerset, CO 81434 e.e~°°°eD're°°` <br /> M ¢hael B Lnng <br /> <br />RE: Minos Revision No. D iv iswn Dueclw <br />117; Aest Elk Mine; Permit No. C-80-007 <br />Dear Mr. Barbe; <br />Based on the representations of the applicant and the landowner, <br />the Division proposes to approve Mountain Coal Company's (MCC) <br />application for minor revision no. 117, which proposes to conduct <br />an outcrop investigation in Lone Pine Gulch. <br />The question of MCC's right-to-enter on Mr. Larry Mautz's property <br />has been settled to the extent that Mr. Mautz is aware of the <br />proposed activities by MCC in this revision and the need to use the <br />portion of the Lone Pine Gulch road to access the project site. <br />Mr. Mautz was notified by representatives of MCC this morning, and <br />was contacted by the Division to verify that he indeed was aware of <br />these activities and had no objection. He confirmed that he had no <br />problem with MCC's use of this road to conduct the outcrop <br />investigation. <br />MCC shall inform the Division of any action or proceeding that at <br />all impinges on MCC's right to enter the subject property. The <br />Division would encourage MCC to execute a right-of-entry with Mr. <br />Mautz that would cover these lands and any other lands owned by Mr. <br />Mautz which MCC would foresee a need to access in the future. The <br />Division will continue to pursue an opinion from the Attorney <br />General's office regarding the applicability of the 1910 Coal Entry <br />Act and the Stockraising Homestead Act to MCC's right to use the <br />Lone Pine Gulch road for access for the coal exploration project. <br />Please call me if you have any questions. <br />S i~lrc~re ly <br />r <br />Christine E. <br />Environmental <br />on Specialist <br />CEJ/007MR117.2 <br />