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• • c~~l <br />, United State Foxed Pike and San Isabel Salida Ranger I)istrlet <br />Department or St.rvice Natlooal Foretu 323 W. Rainbow Blvd. <br />~Da Agrknlture Cimarron tad Cowne6s Saltda, CO 81201 `' ~~S <br />Natlonal Graaslaada (719) 539-3591 VI <br />Fa: (719) Sig-3593 <br />www.b.fed.aa/r2tQdee <br />,x <br />File Code: 2800/2810 <br />Date: February 3, 2006 <br />State ofColorado Department of Natural Resources REC~~V~~ <br />Division of Minerals and Geology <br />ATTN: Erica Crosby, Environmental Protection Specialist 1 <br />1313 Sherman Street, Room 215 t/F®~ s <br />Danner, CO 80203 <br />ivisioa o/ Minemla and Geolodr <br />Dear Mrs. Crosby, <br />I would like to take this opportunity to officially comment on the Reclamation Permit <br />Converslon.tpp/ication the Colorado Division of Minerals and Geology (DMG) recently <br />received from a Georgr';rbased construction materials company, Colorado Marble Inc. (mining <br />operation file number, gg((gq 1987-028, "Lily Mines'. It is my understandeng that you have spoken <br />with my Minerals Administrator, Chris Welker, concerning the mining operations being <br />conducted by Colorado Msfile 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 cunxntly 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, u well as Rocky Mountain <br />Region (R2) supplement to FSM2850, Mineral Materials. In addition to the National <br />Environmental Policy Act tNEPAj requirements that must be fulfilled before allowing Colorado <br />Marble to operate on NF5 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~ ap t~ <br />mineral fiaction NFS lands, the calcium carbonate material that Colorado Marblo identifies <br />within both the DMG application and the Forr~st Service POO is a construction grade mineral <br />material, not a locatable mineral. In order for a claimant to obtain an un- atented mining claim, <br />it is my ubeetstanding that a prudent claimant must show the presence of a locatable mrn <br />rather than that of a mineral material. Disposal of mineral materials located on NFS leads is <br />completely dlscrettonary on the part of the Authorized Officer, and is oRen only done as part of a <br />public works project to a local city, county or state road wnsiruction/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 Marble's proposed POO. <br />Y Caring for the Lnd and Servlag People amre an wwa.a ro. N <br />