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TAI1~ United States Department of the Interior ~~ BUREAU OF LAND MANAGEMENT UNCOMPAHGRE BASIN RESOURCE ,AREA ~ ~ 2505 SOUTH TO WNSEND AVENUE IN REPLY REFER TO: MONTROSE, COLORADO 51401 COC41183 CO-034 DEC 5 1994 CERTIFIED MAZL--RETURN RECEIPT REQUESTED Somerset Mining Company ~FC~tvEO atL 0 3'1934 Attn: Thomas C. Anderson P. O. Box 535 Somerset, Colorado 81434 Dear Hr. Anderson: We are in receipt of the letter of October 13, 1994, from the Somerset Mining Company (SMC) with the attached letter from Mr. John A. Hotchkiss, Hotchkiss Ranches, of October 7, 1994, regarding an access road which ie under right-of-way (R/W) COC41183. As you know, the subject road provides SMC with access for facilities associated with the mine, and it ie to be reclaimed in accordance with the current provisions of the DMG permit, number C-81-022. Mr. Hotchkiae has requested that the road not be reclaimed ae he depends on this road for,acceea to the public land for his use associated with grazing purposes. We have reviewed this request and have completed afield inspection, and agree that the road does provide Mr. Hotchkiss with access needed for continued use of hie grazing allotment. In addition to Mr. Hotchkiss's use, benefits accrue to the general public that use the access for recreation purposes and to the operators of the TV translator station that serves Somerset. in researching our records however, it appears that the entire road is not located on public land. Specifically, the points of access in Hubbard and Bear Creeks appear to be on private land owned by SMC. From what we can gather at this time, the public lands and the R/W are without legal public access for all users except perhaps by SMC. We agree with Mr. Hotchkiae that it appears reasonable not to close and reclaim this road provided the public could be allowed to continue accessing the road as well. Toward this end, we would like to propose that BLM acquire an exclusive easement across those tracts of land owned by SMC to allow for the continued public use of this road. SMC would be relieved of responsibility for reclamation of the road segment and BLM would assume all future maintenance responsibility for the road as it crosses SMC property. I would not anticipate changes in use over what ie currently occurring on the road. We ask that you please give ua your response to this idea at your earliest convenience so that we can make a determination in regards to the subject request on whether the road should be reclaimed or not. If you have any questions, please contact Teresa Pfifer of my staff at the address on the letterhead above or phone at 249-6047. Sincerely yours, ~~~ Allan J. Belt Area Manager