GENERAL53634 - Laserfiche WebLink

Home Browse Search

The only BLM sensitive plant in the vicinity of the project, Penstemon harringtonii (Harrington's penstemon) occurs immediately north and west of the project site. However, a cursory survey of the actual project site, performed by BLM personnel, indicated that soils and habitat in the project area are not suitable for this plant, and no effect on this species is anticipated. Other Permits and Licenses Permit amendments with BLM and DMG approving the future mine area are currently in place. The Air Permit and Storm Water Discharge Permit with the Colorado Department of Health and Environment will be amended to site location upon commencement of the project. Cultural clearance (archeological) and endangered species clearance (T&E) for the amended site were performed during BLM review of the project. Erosion Control Dam permits will be obtained from the State Engineer. Aisclosure and Ownership The amended area is situated on mining claims located and filed in accordance with the Mining Law of 1872 and subsequent regulations imposed by the U.S. Government and the State of Colorado. The amended area is located on un-patented mining claims owned by American Gypsum Company. The claims are situated on Federal land administered by the Bureau of Land Management. Exhibit B-2 illustrates the location of the claims within the boundaries of the amended area. American Gypsum Company has acquired the legal right to develop the mineral resource from acquisition of mining claims from previous owners. The mining claims were located under the Mining Law of 1872 (May10, 1872) as amended (30 U.S. Code 22-54). The policy of the Department of the Interior concerning mineral development rights to extract minerals is described under 43CFR 3809.6 as follows: Consistent with Section 2 of the Mining and Mineral Policy Act of 1970 and Section 102 (a)(7), (8), and (12) of the Federal Land Policy and Management Act, it is the policy of the Department of the Interior to encourage the development of Federal mineral resources and reclamation of disturbed areas. Under the mining Zaws, a person has statutory right, consistent with Departmental regulations, to go upon the open (unappropriated and unreserved) Federal lands for the purpose of mineral prospecting, exploration, extraction and other uses reasonable incident thereto. This statutory right carries with it the responsibility to assure that operations include adequate and responsible measures to prevent unnecessary or undue degradation of the Federal lands and to provide for reasonable reclamation. A copy of the Special Warranty Deed bestowing ownership of the mining claims to Centex Eagle Gypsum Company, LLC. in 1997 is attached to this submittal. 14