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2016-09-27_PERMIT FILE - M1986074
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2016-09-27_PERMIT FILE - M1986074
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Entry Properties
Last modified
6/16/2021 6:32:22 PM
Creation date
9/27/2016 9:03:43 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1986074
IBM Index Class Name
Permit File
Doc Date
9/27/2016
Doc Name
Citizen Compliant
From
Michael Holditch
To
DRMS
Type & Sequence
CT2
Email Name
ERR
WHE
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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on my client's property. Chapter 407 of Title 400 of the Colorado Code of Regulations governs <br /> the activities of the Colorado Division of Mining, Reclamation & Safety. Under these <br /> regulations, a permit applicant is required to include the "name, address, and telephone number <br /> of the O,,%ner of the surface of the affected land and the source of the Applicant's legal right to <br /> enter and initiate a mining operation on the affected land." 2 Coto. Code Reas. <br /> 407:1.1( L4.1)(5)(b). The only "source" of Mr. Schure's legal right to enter and initiate mining <br /> operations on my client's land that was provided at any point throughout the application process <br /> was a 2012 letter from my client and her former husband explaining that Mr. Schure has the <br /> exclusive riyrl"t to enter into contracts and negotiations concerning the area encompassed by a <br /> different permit — Pen-nit no. %11979160. Permit no. %f t 979160 vas granted for reclamation <br /> purposes only, and no mining activities were ever leg,=ally condoned under this permit. fly <br /> client's submission to %fr. Schure's exclusive right to enter contracts and negotiations <br /> concernin_ this land was in cle it and express reference to Peri-nit no. %11979160. and this letter <br /> therefore does not constitute a legal declaration of Mr. Schure's right to enyz`_e in mining <br /> activities on her property. The 2012 letter, along with the pen-nit application for Permit No. <br /> y119 7 9160 expressly indicating that the pen-nit would be for reclamation purposes only, are <br /> attached to this letter for your review. <br /> Furthermore, even if my client's 2012 letter was ever intended to serve as a legal <br /> declaration of%1,-. SChLrre's right to initiate mining activities on her property, my client could not <br /> have had the necessary authority to grant such a legal right, as both she and Mr. Schure are <br /> bound by Protective Covenants expressly prohibiting, commercial mining on land in the <br /> Northwest Quarter of Section 21, Township 8 North, Range 53 `Vest of the 6`h P.M. in Logan <br /> County, Colorado. These Protective Covenants are attached to this letter for your review. As you <br /> will see, Mr. Schure is a signee to these Covenants. Therefore, even if my client had declared <br /> Mr. Schure's right to initiate mining activities on her property, this declaration would have had <br /> no impact on the binding effect of these Covenants. <br /> Because Mr. Schure has not provided a legitimate source his legal right to enter into <br /> property owned by my client and initiate mining activities, my client respectfully requests that <br /> the Office of the Attorney General and the Division of Mining Reclamation & Safety take the <br /> 1828 N. Clarkson Street • Denver, Colorado 80218 • Phone 720.943.8808 • Fax 303,942,6074 <br /> 326 Main Street • Sterling, Colorado 80751 • Phone 970.425,1275 • Fax 970.522.7015 <br />
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