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• • c~?~l <br />United States Forest Ptke and San Isabel Salida Ranger Dfatrid <br />Department at Service Piatbaal Forests 323 W. Rainbow Blvd. <br />• D/~ Agrkulture Cimarron and Comanche Salida, CO 81201 / , ~+~5 <br />J <br /> Nadonal Grasslaada (719) 539-3591 VJ <br /> Fa: (719) 539-3593 ~---~ <br /> wwvr.[s.fed.us/r2/taice <br />r, <br />File Code: 2800/2810 <br />Date: February 3, 2006 <br />State of Colorado Department of Natural Resouroes RECEIVED <br />Division of Minerals and Geology <br />ATTN: Erica Crosby, Environmental Protection Specialist <br />1313 Sherman Street, Room 215 t~EB 0 6 2006 <br />Denver, CO 80203 <br />iviaion of Minerals aad Ceolagr <br />Dear Mrs. Crosby, <br />I would like to take this opportunity to officially comment on the Reclamation Permit <br />Conversion Application the Colorado Division of Minerals and Geology (DMG) recently <br />received from a Georgt ased construction materials company, Colorado Marble Inc. (mining <br />operation file number, -1987-028, "Lily Mines'7. It is my understanding that you have spoken <br />with my Minerals Administrator, Chris Welker, concerning the mining operations being <br />conducted by Colorado Marble Inc. near Taylor Mountain, ChafFee County, Colorado. <br />According to Chris, you and he had reached a verbal agreement to "hold off' on approving the <br />permit conversion application until the Forest Service can assess the potential impacts to the <br />National Forest System (NFS) lands contained within the permit conversion application. <br />Until my various resource specialists can physically visit the NFS lands currently impacted, and <br />proposed to be impacted by Colorado Marble's mining operations, I cannot allow the mining <br />operations to commence on federal land. At a minimum, a thorough Environmental Assessment <br />needs to be completed for the NFS lands per 36 CFR 228 subpart C, as well as Rocky Mountain <br />Region (R2) supplement to FSM2850, Mineral Materials. 1n addition to the National <br />Envirorunental Policy Act (NEPA) requirements that must be fulfilled before allowing Colorado <br />Mazble to operate on NFS lands, I have noticed some "particulars" within the Plan of Operations <br />(POO) that need to be discussed with Kenneth Klco/Colorado Marble before the POO can be <br />approved by this agency. <br />Although Colorado Marble has filed for, and obtained the rights associated with the un-patented <br />mineral fraction NFS lands, the calcium carbonate material that Colorado Mazble identifies <br />within both the DMG application and the Forest Service POO is a construction grade mineral <br />material, not a locatable mineral. In order for a claimant to obtain an un-patented mining claim, <br />it is my understanding that a prudent claimant must show the presence of a locatable mineral <br />rather than that of a mineral material. Disposal of mineral materials located on NFS lands is <br />completely discretionary on the part of the Authorized Officer, and is often only done as part of a <br />public works project to a local city, county or state road conslruction/maintenance entity. <br />Furthermore, there is a possibility that a publicly flown Prospectus or a "Request for Bids" needs <br />to be completed in order to dispose of mineral materials on NFS lands, further delaying the <br />processing of Colorado Mazble's proposed POO. <br />Caring for the Land and Serving People Pnnue on aagrlee raper <br />