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<br /> <br />I • <br />Phillip Wolf <br />P.O. Box 16804 <br />Golden, Co. 80402 <br />November 17, 2D03 <br />Chuck Binford <br />Dept. of Transportation <br />Region 1 18500 E. Colfax <br />Aurora, CO. 80011 <br />"Dear Mr. Binford, <br />~p~N~ <br />~•-"'ryC <br />Ct~ <br />The reason for this letter is in reference to Permit#103039, <br />addtional terms and conditions, and the relevence to stipulation <br />#7, needing County approval. If you remember, I had discussed <br />this with you earlier, and why, this by Law, cannot be required. <br />I'm attaching some/~I would like you to review, or have reviewed. <br />. 2X4.~b;kS <br />What I need from C.D.O.T. is to show cause, to me~what Law or <br />Statute would supercede the references provided to C.D.O.T, that <br />allows any County Commissioner, to prohibit use's of an appurtence. <br />of one's own land.Our State Statute prohibit any denial of use <br />passed on to a Patentee, from Federal lands, by County Commissionec•'S, <br />Title 1 Article 2 Section 25 Doctrine of Preemption, see case <br />attached: <br />Article 2 Section 25 and Cases Law provided, that deals with <br />intended use and Covenants provided by Executive Order. The use <br />intended, is for Mining. This is d Miniry.. D~f ~n~ .,.-n<,i Ain~i a <br />coot/ to vou, signed by Presidential Order and use designated as <br />Mining. The Mining Act of 1872 is all emcompassinq, and covers all <br />fields related to Mining. <br />Land is described as from the center of the Earth, to the Heavens <br />and anything and evervth+.ng~ <br />In this description is an appurtent to the Land. This cannot be <br />prohibited by any County! <br />There is simply not jurisdiction at County level or State level. <br />There is no State Stutute that can ever superceec~ the Supreme <br />Clause! <br />The other s;kipulations you've asked for, we expect to work <br />through, on a highway owned, by the Public, and will work hand in <br />hand with C.D.O.T. to provide these conditions, satisfactorily. <br />What I need you to provide me.i5~ what Law that you use to require <br />me to seek approval from a Municipality; that canl~+ver have <br />jurisdiction over these issues? <br />If there are any questions on these exhibits, please don't hesitates <br />to call me, so these can be discussed. <br />I would appre e a respons on or before 1.2/05/03,, or I will. <br />proceed to ur o er con Lions minus Stipulation #7. <br />Sincerely, <br />