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iii iiiiiiiiiiiii iii 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Nanrral Resources 1313 Sherman 51 ,Room 21 S Denver. Culurado AO2f13 Phone: 13031 ri66J5fi7 F.4X: (30J1 ri32-81(16 MEMO TO FILE File No.: _C-82-056 Operator: _Twentymile Coal Company II~~~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor Date: 12/03/96 fames 5. Lochhead - Executive Director Specialist: Janet BinnS Michael B. Long - Division Director Subject: _Hauling C al to ayden Power Plant via Routt County Road No. 27...Right-of- way issues. Type of Interaction (Meeting Phone, Rl~e): ~~..x..,_. Person(s) Contacted and Affiliation: Talked with Rick Mills, Twentymile Coal Company. SUMMARY AND RESOLUTION OF INTERACTION: Rick asked about hauling coal to Public Service Hayden Station. This is planned to occur this weekend, 12/7/96. Rick believed this would go on a portion of Seneca Coal Company's Tie-across-haul-road (TAHR). As per Rick, Public Service claims to own this portion of the road. Since it is Public Service's road, is there anything needed for them to haul on it?. I checked Seneca II-W permit to confirm ownership of the portion of road from Routt County Road No. 27 to the entrance road of the power plant. I referred to Seneca II-W Exhibit 3-5 dated June 22, 1994, "Surface Owners within and Adjacent to the T.A.H.R.", and Tab 3 Appendix A, and B. This document confirms that Public Service owns the surface of T 6N, R 87W, NWy+SEy+ and NEy+ Section 17 (6th P.M.). This is in Seneca II W's permit area but is owned by Public Service. BUT, these same documents show that Seneca Coal Company has surface ownership of Routt County Road No. 27, of the portion of Routt county Road 27 traversing through EyzSEy+ Sec. 17 and the NWT/zSE~/z Sec. 17. I called Routt County Road Department,(970)-879-0108, @2:20 p.m., to fmd out if indeed the county roads have private ownership. I was told that (f the surface under the road can be owned privately. I asked whether hauling on a section of County Road with private ownership would need right-of access from the private owner. The woman I spoke with said she would direct my question to "Paul" (I'm assuming Paul Draper, Director Routt County Road and Bridge Dept.). He was not available at the time but she would have him call me back.