PERMFILE61977

• Permit No: M2002003
• IBM Index Class Name: Permit File
• Doc Date: 2/22/2002
• Doc Name: FILE CODE 2810
• From: SOUTH PARK RANGER DISTRICT
• To: DMG
• Media Type: D
• Archive: No

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~ Am'"• United States Forest Pike and San Isabel South Park Ranger District
~ ~ Department of Service National Forests P. O. Box 219
Agriculture Cimarron and Comanche 320 Highway 285
National Grasslands Fairplay, CO 80440 _ \~
[phone] ~~1/x
Fax [phone]
www.fs.fed.us/r2/psicc
File Code: 2810
Date: r ~ eE~V ED
James C. Stevens Y t
Senior Environmental Protection Specialist FEB 2 2 2002
Division of Mineral and Geology
1313 Sherman St Mlpe~sQdGaologY
Room 215 pisision4l
Denver, CO 80203
Dear Mr. Stevens,
This letter is in response to the "Notice of 110(2) Hard Rock/Metal Mining; Reclamation Petmit
Application Consideration" for Walter and Georgia Rubeck, Topaz Mountain Gem Mine, File No. M-
2002-003.
The South Park Ranger District has been working with Mr. and Ms. Rubeck to bring their [Wining
operation into compliance with U.S. Department of Agriculture, Forest Service surface use regulations
(36 CFR 228A). At this time, any evaluations or approvals by the State Division of Minerals and
Geology (DMG) for any surface activity on National Forest System lands would be premature and not
implementable. For mining claimants to conduct work or mining activities on National Forest System
lands, the claimant must first submit a Notice of Intent to operate or Plan of Operations to the District
Ranger. The Plan of Operations must be reviewed and evaluated, have the proper environmental analysis
conducted, and have a decision approving the activity before the claimant can disturb the surface. To
date, I have not authorized activity beyond operations outlined in the Rubecks' 1992 Plan of Operation.
Please see the enclosed copy.
The cooperative agreement in place between the Forest Service and the State of Colorado Division of
Minerals and Geology outlines DMG's authority to regulate surface activities on National Forest System
lands with Forest Service concurrence. Mr. and Ms. Rubeck have repeatedly questioned management or
regulatory jurisdiction for their mining operations. 1 noticed that "Compliance with Other Laws", where
the applicant was notified of the need to comp]y with the legal requirements of other agencies, is no
longer a par[ of [he application. For this reason, I ask that you express to Mr. and Ms. Rubeck the U.S.
Forest Service has final authority for approval of reclamation on National Forest System land.
In order to work more closely with the Division of Minerals and Geology, I request you send a copy of
any future corcespondence you send to any mining claimant conducting activities on [he South Park
Ranger District to the above address. Previous communications have been sent to the Bureau of Land
Management or the Pike and San Isabel National Forest headquarters in Pueblo.
Sin erely,
" "I~
SARA MA B,E_NI
District Ranger
Caring for the Land and Serving People Prinletl on Rerycletl Papar i~