Laserfiche WebLink
Wuhington, D.C. <br />Los Angeles <br />San Francisco <br />MAY 141999 <br />May 12, 1999 <br />Division of Minerals 8 Geology <br />San Diego <br />Dallis <br />Brtuscls <br />John E. Burrus <br />303-634-4326 <br />john_burrus rt mckennacuneo.com <br />Mr. Phil Schmidt <br />Engineering Manager <br />Mountain Coal Company, L.L.C. <br />West Elk Mine <br />P. O. Box 591 <br />5174 Highway 133 <br />Somerset, Colorado 81434 <br />Re: Bear Coal Company, Inc. <br />Dear Mr. Schmidt: <br />This firm represents Bear Coal Company, Inc. ("Bear") and I have been asked <br />to respond to a portion of your letter of April 16, 1999, to Mr. Larry Routten at the <br />Colorado Division of Minerals and Geology. <br />Your letter states that since termination of Federal Coal Lease No. D-052501, <br />Bear has had no right of access across property owned by your company which will <br />be necessary in order to construct, maintain, operate and monitor the retention <br />pond. Although there may be legal arguments for the co;;t:auation cf Eear's access <br />rights for these limited purposes, I don't believe it would be in either party's best <br />interest to address the matter in this fashion. As I believe you are aware, the pond <br />itself will not be located on Mountain Coal property. We are seeking the permission <br />of Mountain Coal for (i) vehicular and pedestrian access across the bridge and the <br />small strip of land near the bridge for the purpose of constructing, monitoring and <br />maintaining the pond; (ii) the right to drain water into the pond across your existing <br />right-of-way through the so-called "Roberts Property"; and (iii) the right to drain <br />water from the pond into the river across the strip of property you own between the <br />pond and the river. <br />McKenna & ~llleo, L.L.P. <br />Attorneys at law <br />-iii iiiiiiiii-ii -ii <br />Suite 4800 ^ 370 Seventeenth Street ^ Denver, CO 80202-1370 <br />303-634-4000 ^ Fax:303.634-4400 <br />www.mckewacuneo.com RECEIVED <br />If Mountain Coal is willing to grant this permission, a formal agreement for <br />this purpose should be prepared either by me or by your lawyers. <br />