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PERMFILE100074
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PERMFILE100074
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Last modified
8/24/2016 9:54:57 PM
Creation date
11/24/2007 6:47:11 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1997089
IBM Index Class Name
Permit File
Doc Date
1/20/1998
Doc Name
FORMAL REQUEST FOR THE STATE DIRECTOR TO COMPEL THE BLM SAN JUAN RESOURCE AREA TO COMPLY WITH THE
From
TRAVIS E STILLS
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BLM
Media Type
D
Archive
No
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• • TRAVIS E. STILLS • <br />ATT-~•.w S rOlJNS ELOR AT LAW <br />e` III IIIIIIIII IIII III//4~6 <br />FAX: (970) 259-751 4 / EMAIL: STILLS`FRONTIER.NET <br />January 20, 1993 <br />Ann Morgan <br />State Director, Bureau of Land Management <br />Colorado State Office <br />2850 Youngfield Street via: fax and mail <br />Lakewood, CO 80215-7076 <br />fax: (303) 239-3934 <br />RE: Formal Request for the State Director to Compel the Bureau of Land Management, <br />Sao Juau Resource Area to Comply with the National Environmental Policy Act due <br />to Federal Involvement in the Stone Gravel Pit Proposal <br />Deaz Director Morgan, <br />This letter is written on behalf of Susie and Rick Bell, Betty and Buck Moms, and Rick and <br />Lynda Emerson to request that theState Dtrector direct the appropriate Bureau of Land <br />Management (BLM) personnel to take all actions necessary to comply with federal public land <br />management laws. <br />As eazly as February, 1997, the BLM was notified that Dazen Stone intended to carry out a <br />gravel mining and processing operation on federal public lands managed by the BLM. The <br />proposal involves a split estate where Dazen Stone allegedly owns the "oil, gas and minerals... " <br />and the BLM owns the surface estate. The mining and processing proposal contemplates <br />operations that will last for 25 yeazs. It is not certain on the face of the deed who owns the rights <br />to the aggregates, sand and gravel. This problem and other questions could be answered if the <br />BLM undertook the analysis, public disclosure and public comment procedures required by the <br />National Environmental Policy Act (NEPA). <br />Federal law directs the BLM to comply with NEPA where there is "federal involvement." There <br />has been continuous federal involvement in this proposal, including, but not limited to, these <br />past, current and future actions that constitute the exercise of federal control and responsibility <br />pursuant to the power of the Property Clause of the U.S. Constitution: <br />•BLM has proposed mitigation measures that the operator must follow; <br />•BLM has tamed out azcheological surveys; <br />•BLM has mazked and fenced important cultural resources; <br />•BLM may participate as a party to the Colorado Division of Minerals and <br />Geology's quasi-adjudicatory permitting process; <br />•BLM has initiated formal consultation with the Colorado SHPO's Office; <br />•BLM must approve a plan of operations prior to commencement of operations in <br />the Anasazi Culture Multiple-Use Area, An Area of Critical Environmental <br />Concern, where the proposal is located. 43 C.F.R. 3809.1-4(b)(3) <br />
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