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United States Department of the Interior <br />In Reply Refer To: <br />1330 (COF02000, SSC) <br />BUREAU OF LAND MANAGEMENT <br />Royal Gorge Field Office <br />3028 East Main Street <br />Canon City, Colorado 81212 <br />-/)Ng?/�-/q <br />JAN 15 2015 Jt <br />M , ��d AlmlTS <br />Mr. Tyler O'Donnell <br />CO Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Dear Mr. O'Donnell: <br />O/V�/ <br />RECEIVED <br />JAN 21 2015 <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />BLM recently received notification from the Colorado Division of Reclamation, Mining and Safety regarding <br />a 110 (c) to I I2(c) Construction Materials Reclamation Permit Conversion Application for the Kagan & Son, <br />L.L.C. South Pit (M- 1194 -114). <br />Please be advised that the mineral estate comprising a majority of the Phase 3 proposal is federally owned. <br />This mineral estate was reserved through Patent #847737 (enclosure), which was issued by the Federal <br />Government in 1922 under authority of the December 29, 1916 Homestead Entry -Stock Raising (39 Stat. 862). <br />The mineral reservation states the following, "Excepting and reserving, however, to the United States all the <br />coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and <br />remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat., 862)." <br />Except when authorized by sale, permit, or other authorized use under the laws and regulations of the BLM, <br />the extraction, severance, or removal of federal mineral materials under the jurisdiction of the BLM constitutes <br />unauthorized use. <br />It is BLM's policy to make mineral materials available in accordance with applicable laws and regulations. <br />Therefore, the operator needs to provide a written request to BLM, in order to obtain these minerals. <br />Sincerely, <br />Keith E. Berger <br />Field Manager <br />Royal Gorge Field Office <br />Enclosure(s) <br />cc: Patent 847737 <br />