PERMFILE56612

• Permit No: M1997089
• IBM Index Class Name: Permit File
• Doc Date: 1/22/1998
• Doc Name: FORMAL REQUEST FOR THE STATE DIRECTOR TO COMPEL THE BLM SAN JUAN RESOURCE AREA TO COMPLY WITH THE
• From: TRAVIS E STILLS
• To: BLM
• Media Type: D
• Archive: No

• TRAVIS E. STILLS •
ATTORNEY S COUNSELOR AT LAW
P.o. BOX 1102
DURANOO. COLORADO B 1302
TELEPHONE: [phone]
FAx: [phone] / EMAIL: STILLS~FRONTIER.NET
Ann Morgan
State Director, Bureau of Land Management
Colorado State Office
2850 Youngfield Street
Lakewood, CO 80215-7076
fax: [phone]
RECEIVED
III IIIIIIIII~~II III
m- 97- oS9
January 20, 1998
JAN 2 2 ~ggg
Division of Minerals & Geology
via: fax and mail
RE: Formal Request for the State Director to Compel the Bureau of Land Management,
San Juan Resource Area to Comply with the National Environmental Policy Act due
to Federal Involvement in the Stone Gravel Pit Proposal
Deaz Director Morgan,
't'his letter is written on behalf of Susie and Rick Bell, Betty and Buck Moms, and Rick and
Lynda Emerson to request that theState Director direct the appropriate Bureau of Land
Management (BLM) personnel to take all actions necessary to comply with federal public land
management laws.
As eazly as February, 1997, the BLM was notified that Dazen Stone intended to carry out a
gravel mining and processing operation on federal public lands managed by the BLM. The
proposal involves a split estate where Dazen Stone allegedly owns the "oil, gas and minerals... "
and the BLM owns the surface estate. The mining and processing proposal contemplates
operations that will last for 25 years. It is not certain on the face of the deed who owns the rights
to the aggregates, sand and gravel. This problem and other questions could be answered if the
BLM undertook the analysis, public disclosure and public comment procedures required by the
National Environmental Policy Act (NEPA).
Federal law directs the BLM to comply with NEPA where there is "federal involvement." There
has been continuous federal involvement in this proposal, including, but not limited to, these
past, current and future actions that constitute the exercise of federal control and responsibility
pursuant to the power of the Properly Clause of the U.S. Constitution:
•BLM has proposed mitigation measures that the operator must follow;
•BLM has carried out azcheological surveys;
•BLM has mazked and fenced important cultural resources;
•BLM may participate as a party to the Colorado Division of Minerals and
Geology's quasi-adjudicatory permitting process;
•BLM has initiated formal consultation with the Colorado SHPO's Office;
•BLM must approve a plan of operations prior to commencement of operations in
the Anasazi Culture Multiple-Use Area, An Area of Critical Environmental
Concern, where the proposal is located. 43 C.F.R. 3809.1-4(b)(3)