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USDA United States Forest Saguache Ranger District 46525 State Highway 114 <br /> _�— Department of Service Saguache,CO 81149 <br /> — Agriculture 719-655-2547 <br /> TDD: 719-655-6135 <br /> SCV Fax: 719-655-2502 <br /> s r � <br /> 11/53\‘‘\°4 ‘10 <br /> File Code: 2800 ,,.. <br /> Date: November 17, 20 <br /> CERTIFIED MAIL RECEIVED <br /> 7013 1710 0000 6541 4750 <br /> NOV 2 71017 <br /> Flanders, Elsberg, Herber& Dunn, LLC DIVISION OF RECLAMATION <br /> REF: Clay Hudson MINING AND SAFETY <br /> 401 Main St#1 <br /> Longmont, CO 80501 <br /> This letter is concerning your client, Mr. Clay Hudson. <br /> On August 29, 2017 the Rio Grande National Forest(RGNF) received a call from a concerned <br /> member of the public regarding heavy equipment (excavator and more)being moved across their <br /> private land without permission. It was conveyed at that time that Mr. Hudson and the private <br /> land owner have had a running conflict this summer regarding legal access across the subject <br /> private land that enables eventual access to a private patented inholding on Cedar Creek in the <br /> Sangre de Cristo Range. This inholding is surrounded by National Forest System (NFS) lands on <br /> the Saguache Ranger District of the RGNF. <br /> In response to this information, I investigated with staff Ms. Nelson the private citizens <br /> complaint on August 29th, 2017 arriving a little after 2pm. Nelson and I discovered and <br /> continued to follow the new excavator tracks across State lands, private land, BLM lands, and <br /> onto NFS lands (Attachment 1). Along this path we encountered an open gate that had the chain- <br /> linked locking system cut. Before reaching the patented mining claim we turned around due to <br /> poor road conditions. <br /> After further investigation by the RGNF, it was determined that no officials at the RGNF, BLM, <br /> State, or the private land owners had given permission for Mr. Hudson to access and/or construct <br /> road on their properties. The access route traversed on NFS lands is not on our travel <br /> management plan(i.e. it is considered a non-system road) and requires authorization for <br /> motorized use. <br /> On October 27, 2017 RGNF's Deputy Forest Supervisor Malecek, Forest Geologist Moran, and I <br /> arranged a meeting with the private land owner to discuss the trespass in greater detail and to <br /> further investigate the alleged route Mr. Hudson pursued with his excavator up to the patented <br /> mining claim. With the help of the private citizen, Malecek, Post, and Moran were able to retrace <br /> the excavator's path to the patented mine site documenting road damage and improvements on <br /> the NFS lands (see photos in Attachment 2). <br /> While at the private citizens residence, Mr. Hudson arrived on site requesting a key from the <br /> private citizen to gain access across their private land onto NFS lands up to the patented mine <br />