2012-05-04_GENERAL DOCUMENTS - C1981008 (2)

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Vil Berry, David From: Berry, David Sent: Friday, May 04, 2012 4:14 PM To: Kenneth Walker (kwalker @osmre.gov) Cc: Berry, David; Jeff Fugate Subject: Jim Guire issue wfc — v el! — 4«-(55 ('w -p)" k Hello Mr. Walker— I write to advise you regarding ongoing interaction between DRMS and Jim Guire. Please feel free to forward this note to Mr. Klein as you deem appropriate. Mr. Guire is a landowner (or landowner representative) in the Nucla area and specifically owns or represents a parcel of property located within the Western Fuels — Colorado (WFC), New Horizon Mine permit area. It is also our understanding that Mr. Guire previously contacted Mr. Klein, and Mr. Klein referred Mr. Guire to DRMS. We appreciate the previous referral. Mr. Guire also previously contacted the DRMS by telephone and he has informally alleged that WFC does not have the legal right to enter the subject parcel of property. After the initial inquiry from Mr. Guire, I requested that WFC indicate their position in the matter. WFC has advised that they are in the process of negotiating various issues with Mr. Guire, and WFC asserts a legal basis for entry (WFC forward purported lease language to support their claim). DRMS has not yet received any written complaint from Mr. Guire. Yesterday Mr. Guire contacted Sandy Brown (DRMS) and indicated his ongoing position that WFC does not have the legal right to enter his property within the WFC permit. He apparently asked what DRMS will do about the issue, and if he did not hear back from DRMS he would contact Mr. Klein. Today we also advised counsel for WFC of the most recent inquiry from Mr. Guire, and we have asked for WFC's assistance in resolving Mr. Guire's issues. We also advised WFC that DRMS will request a letter from Mr. Guire so that the basis of the concern can be more thoroughly understood and addressed. I attempted to contact Mr. Guire at 1- 970 - 864 -2121 (approximately 3:30 p.m. today). I reached a message recording that indicated a full voice mailbox and the message stated that the number could therefore not accept messages. I believe that I recognized the voice on the recording as Mr. Guire's, but I am not sure of this. I will continue to attempt contact. DRMS will proceed as follows: 1. Attempt contact with Mr. Guire and request a written description of the nature and basis of his concern; 2. Forward the complaint (if received) to EFC for their review and response; 3. Consult with our Attorney General representative to assess compliance. DRMS will continue to investigate with diligence. Legal right of entry within a permit area is required; however, state law forbids DRMS from adjudicating property rights. Therefore, DRMS (in consultation with the Attorney General's Office) will carefully examine any evidence provided by Mr. Guire and /or WFC. It is our hope that any evidence provided will be definitive, but it is more likely that the parties will provide documents that indicate ongoing conflict. If the documents offer reasonable, but conflicting positions regarding a property rights dispute, then we will likely refer the parties to the courts. DRMS is hereby advising OSM of our ongoing process, and our efforts to investigate and resolve the matter. We request that OSM support our ongoing efforts, and not intervene with any process actions (such as a Ten Day Notice) if Mr. Guire contacts OSM. It is our hope that this notice of pending state involvement will provide sufficient basis for OSM to refer the matter back to the state without formal action if Mr. Guire requests OSM intervention 1