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2019-03-25_GENERAL DOCUMENTS - M1987012
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2019-03-25_GENERAL DOCUMENTS - M1987012
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Last modified
12/18/2024 5:46:28 AM
Creation date
3/25/2019 3:00:06 PM
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Template:
DRMS Permit Index
Permit No
M1987012
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
3/25/2019
Doc Name
Correspondence
From
US Dep't of the Interior
To
DRMS
Email Name
SJM
Media Type
D
Archive
No
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accurate. Colorado case law is not controlling when the lands are patented under the Stock <br /> Raising Homestead Act. See Keith v. Kinney, 140 P.3d 141 (2005).The analysis Southway has <br /> provided is only applicable when interpreting private deeds. Watt v. Western Nuclear made clear <br /> the intent of Congress reserving sand and gravel as a mineral to the United States under SRHA <br /> patents. <br /> Thus,the sand and gravel underlying the lands at issue belongs to the United States. <br /> Because the BLM is the agency responsible for managing federal minerals—including sand and <br /> gravel—BLM retains authority over disposal of federal minerals in the expansion area. For <br /> Southway to expand, it must acquire all necessary permits and permissions from the BLM. <br /> 3. BLM determined the contracts issued in 2013 authorizing mineral material removal from the <br /> south half of the pit have been fulfilled. Inspection by BLM revealed an overage by Southway of <br /> the contract. Justification as to why BLM believes this to be the case was provided to <br /> Southway's office manager via email on December 7, 2018. If Southway believes this is in error, <br /> please provide the specific evidence or information Southway is relying on to BLM for review. <br /> BLM will continue investigation of the trespass and reminds Southway that activity in the south half <br /> of the pit or expansion area is not approved at this time. BLM retains authority over disposal of <br /> federal minerals in the south end of the pit and the expansion area. UAS will be used to complete that <br /> investigation,please be advised that BLM will be staging ground control points in various locations at <br /> the pit for maximum GPS resolution of the data collected during the UAS survey. If Southway <br /> believes BLM is in error in calculations determining overproduction on the 2013 contracts,please be <br /> in contact with BLM Geologist, Rebecca Fincham. 719-480-0911. <br /> Sincerely, <br /> Melissa Garcia <br /> Field Manager <br /> San Luis Valley Field Office <br /> CC: <br /> Katie Todt,Greg Lewicki and Associates PLLC <br /> Stephanie Mitchell, Colorado Department of Reclamation and Mine Safety <br /> Ann Umphries,DOI Office of the Solicitor <br />
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