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PERMFILE100850
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PERMFILE100850
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Entry Properties
Last modified
8/24/2016 9:55:23 PM
Creation date
11/24/2007 7:24:09 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1994011
IBM Index Class Name
Permit File
Doc Date
12/29/1985
Doc Name
DISTRICT COURT MONTROSE CNTY COLO CASE 95-CV-30
Media Type
D
Archive
No
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<br />tiff/Intervenors is whether or not the reservation reserving <br />mineral rights, minerals, metals and metalliferous substances of <br />every kind includes sand and gravel. The other area of dispute, <br />as between Plaintiff/Intervenors and Defendant, is whether or not <br />the black sand constitutes minerals or is included in the words <br />"minerals, metals and metalliferous substances of every kind," <br />and, if so, whether or not there is any economic value related to <br />the black sand. Defendant claims that it is not economically <br />feasible to mine black sand in and of itself except in conjunc- <br />tion with a sand and gravel operation. <br />Defendant/Intervenors, Sutherland Bros., Inc., are the <br />lessees pursuant to a sand and gravel lease of February I, 1994 <br />with the Defendant as lessor. This lease allows Defendant/- <br />Intervenors [o conduct a sand and gravel operation upon [he <br />subject property which is involved in this litigation. Part of <br />this litigation includes claims of trespass, conversion and theft <br />against the Defendant Silver Hawk, who in turn has made some <br />defense to the effect that those particular claims, if occurring <br />at all, are being committed by the Defendant/Intervenors pursuant <br />to the lease. The Defendant/Intervenors, if prohibited from <br />continuing with their sand and gravel operation, have asserted a <br />claim against Defendant Silver Hawk for breach of contract. <br />The Court also heard testimony from two witnesses who <br />were allowed to testify as experts in the area of placer mining <br />and the evaluation and interpretation of mineral assays, Ron Pene <br />and Wayne Irwin. Each of these witnesses testified as [o their <br />testing and evaluation of certain samples of black sand and black <br />sand concentrate which was furnished to them by Marion Shaw. <br />Each described their testing process which involved various <br />techniques. <br />Both experts testified as to several years experience <br />in the area of mining, extraction, sampling and assaying, however <br />there is no licensing requirement for mineral assayers in the <br />State of Colorado. Further, both experts relied upon samples <br />given to them by Marion Shaw who testified how he obtained the <br />black sand samples from the gravel pit on the subject property. <br />Pene described the sampling process with Marion Shaw and taking <br />samples from the site over a two-month period of time, approxi- <br />mately 15 samples of 500 pounds each taken from various locations <br />in and around the gravel pit. This material was finally reduced <br />to a concentrated sample of one pound allegedly representative of <br />the 500-pound sample, resulting in a dory bar sent to [he assayer <br />Chris Christopherson. Pene then expressed an opinion that based <br />upon the assay report it would be economical]> feasible using <br />present technology to mine these black sand deposits. <br />On cross-examination, Pene acknowledged that a trench- <br />ing sample, that is, a vertical cut through the whole wall Crom <br />surface to bottom, would have been a better representative <br />8 <br />
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