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• III'll'll'll'IIIIII • Received <br />Jul 2 1 2000 <br />GUNNISON GRAVEL 0i-'-ean or~ e~als $ ceelosr <br />P. O. Box 42 Sally Wilcox, Owner <br />Gunnison, CO 81230 Warren Wilcox, Manager <br />(970) 641-3088 <br />(970) 641-5811 FAX <br />(970)209-0442 Mobile July 15, 2000 <br />Mr. Bob Oswald <br />State of Colorado <br />Division of Minerals and Geology <br />Department of Natural Resources <br />701 Camino Del Rio, Room 125 <br />Durango, CO 81301 <br />Dear Mr. Oswald, <br />P~~~C ~ O~FjCE <br />FjCE. M-~ C~' Cppy <br />S~TE:D; 9~~~3os <br />CDh~~s~~ <br />Pte. Cyro~ <br />This is an update on our negotiations with the NPS regarding <br />the Dickerson Pit. <br />The Park Service currently believes they may regulate our <br />mining operations. They admit they have no laws or guidelines that <br />govern non-government minerals and that the dominant estate of <br />split estate property is the mineral estate. In the 1988 <br />Management Policies and NPS #66 Minerals Management Guidelines it <br />states that if mineral development is in derogation of park values <br />and purposes and cannot be sufficiently modified to meet this <br />standard, then the Service will seek to extinguish the associated <br />mineral right through acquisition unless otherwise directed by <br />Congress. <br />In order to meet the Park's suggested cutslope gradients, the <br />quantity of mineable material is significantly lessened which <br />diminishes the monetary value of the mineral estate. <br />Gunnison Gravel believes that no conditions or restrictions <br />were placed on surface mining within the reverence deed. The <br />mining was underway long before the purchase of the surface rights <br />were negotiated and the purchase price was directly related to the <br />continued right to mine without restriction and with full <br />accessibility. <br />The NPS has agreed to allow us to complete our 112 Permit <br />application. The total permit request package will remain the same <br />with one exception -- Gunnison Gravel will currently disturb only <br />approximately two acres beyond the existing boundary of the current <br />110 Permit. The additional area is north of the area currently <br />being mined and excludes a small triangle of land where it is <br />possible that artifacts may exist. A map will be included with <br />this letter showing the only new affected areas to be disturbed. <br />After further NPS-required Neepa studies are completed, the special <br />