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~r <br />III IIIII~IIIIIII III <br />April 23, 1993 <br />Carl B. Mount <br />Senior Reclamation Specialist <br />Division of Geology <br />1313 Sherman Street, Rm. 215 <br />Denver, Colorado 80203 <br />From: <br />Marvin Moore <br />Regulatory Compliance Consultant for: <br />Moffat County Road Department <br />P.O. Box 667, Craig, Colo. 81626 <br />RE: Moffat County, Cross Mountain <br />Dear Carl: <br />4F(:EIVF[:'~ <br />APR 26 1993 <br />Division o~ nnme~ais o ;;aoioc3Y <br />1 File #M-93-023 <br />I am responding to the March 23, 1993, letter from the <br />Colorado Historical Society in which the SHPO has <br />recommended a cultural resource inventory on the above <br />referenced Cross Mountain Pit #1 application. <br />It is clearly stated in the application that the permit <br />is on private land. This land does not meet the Criteria for <br />nomination to the state register under the provisions of CRS <br />24-80.1-107(1), and particularly under the provisions of <br />24-80.1-106(2): <br />" Written approval of the owner of the land and the property <br />is required for nomination to or inclusion in the state <br />register." <br />Because the owners of the Cross Mountain Ranch have <br />not, and will not, give written approval for nomination to, <br />or inclusion in, the state register, it is my opinion that the <br />State Historical Society is without jurisdiction to require a <br />cultural resource survey on this property. <br />Before the Division obstructs this permit, or burdens it <br />with useless surveys and conditions, I am requesting that <br />you require the SHPO to provide the following documentation: <br />o That they hsve absolute jurisdiction to require a <br />cultural resource survey on this private property as a <br />condition of permit approval; <br />o That the Moffat County Road Department has a legal <br />responsibility to provide a cultural resource survey on this <br />private property as a condition of the permit approval. <br />