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• • c'~~l <br />United Stator Forest Pike and San Isabel Sanda Raeger DfatriM <br />Department of Service Natboal Forests 32S W. Riinbow Blvd. <br />Did Agriculture Cimarron and Comanche Salida, CO 81201 <br />- / ~ c~,e <br />U J <br /> National Grasslands (719) 539 <br />3591 <br /> Fa: (719} 539-3593 <br /> www.fs.fed.us/r2lwice <br />File Code: 2800/2810 <br />Dste: February 3, 2006 <br />State ofColorado Department of Natural Resources RECE~V~D <br />Division of Minerals and Geology <br />ATTN: Erica Crosby, Environmental Protection Specialist L <br />1313 Sherman Street, Room 215 t/FEB ~ s 2006 <br />Denver, CO 80203 <br />ivision al Minerals and Ceolegr <br />Dear Mrs. Crosby, <br />I would like to take this opportunity to officially comment on Ute Reclamation Permit <br />Conversion Application the Colorado Division of Minerals and Geology (DMG) recently <br />received from a Georgr need construction materials company, Colorado Marble Inc. (mining <br />operation file number, -1987-028, "Lily Mines'. 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 uapacts 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 />pro sed to be im ac y o or o e s mrnrtrg operanons, T cannot allow the mming <br />operations to commence on f eral and. At a mrmmum, a orou nvuomnental Assessment <br />needs to be completed for the NFS lands per 36 CFR 228 subpart C, as well as Roc Mountain <br />egron (R2) supplement to FSM~fsso, Mineral Materials. In addition to the National <br />nvrronmental Policy Act (NEPA) requirements that must be fu a ore a owing Colorado <br />Marble to operate on NFS lands I have noticed some "particulars' within the Plan of Operations <br />ne to a rscussed 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 cazbonate 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 construction/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 />Caring ror the Land and Serving People vnnw m naydeo r.yx <br />