GENERAL52376 - Laserfiche WebLink

Home Browse Search

-L000000' Page i2A -- Sat., Jan. to, 199a -- Cortez. sentinel L Ct TVe L Continued from Page IA. the tract In question, and so he looked into who owned the min- eral rights nearby. They were sold to him In Sep- tember for $5,000, the price at which they had been appraised by a geologist in 1986. Da1Pos said. The Bells and others are highly critical of the ACS and AHA for not informing them of the mineral rights' availability and for selling them to be used for a gravel pit. "Why are these health - related public charities choos- ing to become Involved with a strip -mine operation?" demanded 17 residents In a Nov. 10 letter to the nonprofits that also asked whether their boards of directors had approved the sale. DalPos said the nonprofits have no use for such properties and must liquidate them. "We don't have any real con- trol over the kinds of gifts that are provided by donors," she said. "We're certainly not In the business of mining or real estate. According to our bylaws, we had to sell them (the rights)." She said the ownership of the rights could have been ascer- tained by anyone looking at public records In the county clerk's office, but that no one but Stone had ever expressed Interest In buying them. Asked why the nonprofits had not advertised the rights for purchase by the highest bidder, WPos said, 'We usually don't do that. We don't like to spend donor dollars on advertising." The sale was handled by the group's finance department, she said, explaining that only very large transactions would come before the board of directors. NO COUNTY AUTHORITY Although the gravel opera- tion, if permitted by the Mined Land Reclamation Board, would have a major effect on County Road 21 and possibly Road F. the county has no power to regulate It. While residential subdivi- sions must pay road Impact fees to the county, industrial and commercial operations aren't required to do so. "As long as they're hauling legal loads, we have no author- ity to charge impact fees," said county Administrator Tom Weaver.. He said there are no plans to chip-seal- Road 21, which is now graveled. The county is developing per- mitting standards for Industrial and business developments, but those regulations have not yet been adopted. Even if they had, they prob- ably wouldn't apply In this situ- ation because the land is fed- eral, explained county land -use coordinator Mike Preston. "It's a real gray area," Preston said. "That would have to be a (county) commissioner decision." Gravel mines are "one of the stickiest issues going," he said. "Gravel is certainly an essential resource," but no one wants to live near the mines. Preston said there needs to be "more front -end Information" given to landowners when sub- divisions pop up near public lands where natural resources may be extracted. MULTIPLE -USE LAND Hoffman agreed. 'There are real- estate agents and promoters who encourage people to buy next to public land and tell them It's pristine and going to stay that way. "he said. "But If the real message were out. It would be that public land is multiple -use land and you're probably as likely to have some form of development there, from trills for recreation to oil and gas, or mining and grazing — you're more likely to have those types of uses than on private land," Hoffman said. He'sald the BLM sells maps that show mineral status, and local residents can also view master plats in the agency's Durango office. The Bells, however, say the gravel operation would preclude some of the land's multiple uses, such as hddng, hunting, horseback - riding and wildlife - viewing. "The last thing you're going to want to do is recreate there when somebody's crushing gravel," said Rick Bell. Furthermore, the tract con- tains numerous Anasazl pot- sherds and relics, as well as one moderate -sized Anasazt site that will be excavated If the gravel permit is approved. Hoffman sold the BLM is developing plan for excavating that site "prior to Its eventual obliteration." The process may take a couple of summers and cost the BLM tens of thousands of dollars. Stone said he will avoid the site until the excavation Is com- pleted. "It's been secured and we'll sure work around that," he said. The Bells have charged that recent road- blading and explor- atory test pits dug on the tract have already damaged cultural resources, and the Advisory Council on Historic Preserva- tion expressed concern In a let- ter to the BLM. Hoffman, however, said an archaeologist supervised the digging of test pits by Stone and that no new roads have been created. "At this moment, other than the test pits, there's been nb surface - disturbing activities out there." Hoffman said. There Is evidence of blading through the site but It's 30 years old, he said. 'FOR LAWYERS TO ARGUE' The BLM maintains It Is doing all it can legally to protect the land and make sure recla- mation will be adequate. "Lawyers have advised me that if we tried to exert approval authority on this we would be open for litigation under the 'takings' clause of the Constitu- tion." Hoffman said. But opponents of the gravel operation say the BLM should still follow the National Envir- onmental Policy Act. The Colorado Supreme Court has held that surface and min- eral estates "must exercise their rights In a manner consistent with each other," argued Travis Stills, an attorney hired by the Bells and two other neighboring couples, In a merho to the Divi- sion of Minerals and Geology. The Mineral Policy Center, a nonprofit environmental group that helps citizens with con- cerns about mining. agrees that the BLM should follow NEPA requirements. "The proposed Stone gravel site Is incredibly unusual — It's not a surprise people are scratching their heads and hav- ing different opinions on what needs to happen here" said Aimee Boulanger of the mineral centers Durango office. The BLM says the mineral estate is paramount and they can't get Involved — we said they're wtong — so It's a matter for the lawyers to argue," she said. However, Boulanger said she has other concerns about Stone's proposal. Stone's application is "incre- dibly incomplete." she'sald. Of 12 phases proposed for the operation, only four are described. In addition, the source of the water needed is not spelled out and there Is no stormwater treatment plan, she said. Boulanger said she also believes the amount of the bond Stone has proposed paying, $9,517, is too small. Mine oper- ators must post a bond to pay for reclamation if they abandon the mine or their permit Is revoked. AN AWKWARD SITUATION But Wallace Erickson of the A [ r p c,r Continued from Page IA �„ nndll I. o 11111arrmmned both Division of Minerals and Geol- ogy said that figure Is not final and his office has estimated reclamation at $17.232. Either way, he said, the bond can remain fairly low because Stone will not be mining the entire 158 acres at any given time, but minin g a unit at a time and reclaiming the previous unit behind him. Each unit will be 2 to 4 acres In size, Erickson said. The per- mit has an estimated time of 25 years, but actually is fairly open- ended, he said, meaning it can remain as long as Slone continues to operate. Erickson said most mining activity would take place on the western part of the parcel. farthest from County Road 21 and the neighbors, because the gravel reserves are better there. Stone's plan Indicates he will utilize existing roads rather than creating new ones, Erick- son said, Regarding water, Stone said he isn't sure how much his operation will need, but because he will be only creating rock for road base, he won't need to wash the gravel. There- fore, the only water he would use would be for dust, he said. His application says he could purchase what he needs from existing sources. Stone also said he will try to reduce noise by putting up dirt berms. He said he's wanted to start his own gravel operation for a number of years and believes the product is needed. "Any time you look up, there's a gravel truck going to town," he said. 'There's no gravel pits close to Cortez, so this would help development locally." For the BLM, the entire situa- tion Is awkward, Hoffman said. "It's somewhat frustrating," he said. "Of course we want to manage the public lands In a consistent manner, and in a way the public would want us to do. "But the bottom line Is that we lack the authority to deny or approve this mining application or to Impose anything on Mr. Stone." t C Ir h e: It J G a r t r F a L [ F" N "a +ll i i illlI)imllil l�icy