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V` <br /> SMENT OF T <br /> United States Department of the Interior <br /> QP �y Y SE D NlDbl��NE iMl�9 <br /> Q� m uEEw <br /> N O <br /> BUREAU OF LAND MANAGEMENT <br /> 3 Royal Gorge Field Office <br /> 3028 East Main Street <br /> Canon City, Colorado 81212 <br /> In Reply Refer To: 14 , zo l 7 , Q / / <br /> 1330 (COF02000, SSC) <br /> COC-70839 j <br /> COC-75288 FEB 2 7 2010 RECEIVED <br /> W 6 52018 <br /> Mr. Tim Cazier DIVISION OF RECLAMATION <br /> Division of Reclamation, Mining and Safety MINING AND SAFETY <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Dear Mr. Cazier: <br /> BLM recently received a Minerals Program Inspection Report from the Colorado Division of <br /> Reclamation Mining and Safety (CDRMS) for McCoy Gulch, citing as a"problem/possible <br /> violation" that BLM failed to "first obtain a reclamation permit from the Mined Land <br /> Reclamation Board before engaging in a new mining operation as required by 34-32.5-109(1) <br /> C.R.S." <br /> The cited problem/possible violation arose from an inspection CDRMS conducted in conjunction <br /> with Mr. Ken Klco at McCoy Gulch on May 2, 2017. It appears that Mr. Klco requested a pre- <br /> operational site visit with the CDRMS in preparation for submitting a permit application to BLM <br /> for sole use of the site. Mr. Klco is not a representative of BLM, and BLM was unaware of this <br /> inspection until contacted by CDRMS after the fact. <br /> BLM currently manages McCoy Gulch in accordance with 43 CFR Part 3600 as two common <br /> use areas. These areas are part of an old quarry that is comprised of quarried faces, product <br /> stockpiles and existing access trails. BLM established these common use areas to facilitate the <br /> ability for multiple operators to remove mineral materials in one location, while also collecting a <br /> reclamation fee from each operator. <br /> The Materials Act of 1947, as amended (30 U.S.C. 601 et seq.), authorizes the United States to <br /> dispose of mineral and vegetative materials that are not subject to mineral leasing or location <br /> under the mining laws, from the public lands of the United States. The Materials Act does not <br /> contain a waiver of sovereign immunity. Therefore, BLM is not required to obtain a reclamation <br /> permit from the CDRMS before authorizing disposal of mineral materials on federal public land. <br />