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1 1 <br />United ~ates Department of th~lnterior 4~---~~.w.-a <br />' ,W~ <br />9 Bureau of Land Management <br />_ Uncompahgre Field Office <br />' M'"OM '°~~ 2505 South Townsend <br />Montrose, Colorado 81407 <br />' R~eiveb In Reply <br />Refer to: <br />Sf P 1 9 20D0 ~~ sso <br />1 COC-64103 <br />John V. Shea D~~~ M~'"e ~s8 ~eot~y <br />1 Ozella A. Shea <br />1431 E Road SEP 122000 <br />' Delta, CO 81416 <br />Dear Mr. and Ms. Shea: <br />Attached is a copy of the contract issued to Beavers Construction for gravel removal <br />at the High Mesa Pit. The contract is good for a two year period and 50,000 tons of <br />' gravel are authorized for removal. <br />It is the policy of the BLM not to sell the mineral estate under private surface <br />' lands without the permission of the surface owner. Your letter of May 8, 2000 <br />gives Beavers Construction the right to enter the surface estate to extract gravel. <br />This was confirmed with you on September 1, 2000 by telephone with Lynn <br />' Lewis of my staff. <br />As you know your lands were patented in 1937 under the December 29, 1916 <br />' Homestead Entry-Stock Raising Act (39 Stat. 862). This act states that the <br />mineral entryman shall compensate the surface owner only for damages to the <br />' crops on the land or other tangible improvements, and damage that may be <br />caused to the value of the land for grazing by removal of the gravel. The gravel <br />is a federal mineral and you cannot sell minerals from Stock Raising Homestead <br />' lands. If you do require payment for the gravel, you would be subject to trespass <br />charges. The gravel may be used for improvements on the original patent, <br />attached is a map showing the extent of the original patent. <br />' Please contact Lynn Lewis at 240-5305 if you have questions. <br />' Sincerely yours, /~/ <br />Allan J. B <br />Field Manager <br />J <br />' cc. Beavers Construction <br />eov.~'a- <br />Crr~- ~~s~>~~t <br />