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PERMFILE109901
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Last modified
8/24/2016 10:06:52 PM
Creation date
11/24/2007 7:05:02 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1997089
IBM Index Class Name
Permit File
Doc Date
1/25/1998
Doc Name
EXHIBITS AND WITNESSES FOR THE JOINT PRESENTATION BY COUNSEL FOR SUSIE BELL FREDRICK BELL BUCK
Media Type
D
Archive
No
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1-. <br /> <br />15. Letter from Kathryn Dolan, Water Quality Control Division, November 17, 1997, with <br />notes typed at the bottom by Doug Conger. <br />16. Various maps used for demonstrative purposes. <br />17. Materials Received from BLM pursuant to a Freedom of Information Act Request, <br />including: <br />a. Memo from Kristie Arrington, October 24, 1997--Comments on high potential for <br />important cultural artifacts and human remains on site. <br />b. Memo from Robert Ball, October 15, 1997--Recognizing that the plan only <br />depicts mining activities through March of 1999. Recognizing that applicant has <br />made a proposal to BLM for an access road along the north side of site to County <br />Road 21. <br />c. Letter from Stone Crushing to BLM, October 7, 1997,--Requests to fence entire <br />site, install lock on access and place right-of--way at the north end of site. <br />d. Memo From Realty Specialist Higby, September 16, 1997-- Indicates that <br />applicant believes irrigation water is unavailable in the area. <br />e. Memo from Charlie to Jan, Undated--Indicates that BLM expected cultural would <br />be addressed in DMG process and that BLM is an affected property owner. <br />f. Memo from Robert Ball, June 10, 1997,--notes from site visit. <br />g. Cultural Resource Action Memorandum, May 21, 1997--Archeologist required <br />on-site to monitor project activity. <br />18. Letter from Advisory Council on Historic Preservation to BLM, November l2, 1997-- <br />RE: BLM consultation with the ACHP and the State Historic Preservation Officer. <br />19. Letter from Calvin Joyner to Alan Stanfill, December 3, 1997--RE: Initiation of formal <br />consultation regarding BLM obligations under section 106 of the National Historic <br />Preservation Act. <br />20. Letter from Calvin Joyner to Senator Campbell, November 25, 1997,--Surface artifacts <br />are present in the area; Error of law concerning "subservient rights" of surface owners in <br />Colorado. <br />21. Garrity Oil & Gas Corp. v. Magness, 946 P2d 913 (Colo. 1997). Surface estates and <br />mineral estate in Colorado "are mutually dominant and mutually servient because each is <br />burdened with the rights of the other." Id. at 927 FN8. Prima facie case of trespass exists <br />where there is a material interference with the surface use that is unreasonable from the <br />perspective of the surface owner. Id at 933. <br />22. January 20, 1998, fetter from Stills to BLM requesting compliance with NEPA and other <br />federal laws that inform BLM and the public of the reasonableness of surface use of <br />federal public lands. <br />23. Division of Wildlife letter to Susie Bell, November 12, 1997-- identifies listed <br />endangered species in the wildlife composition of the area. <br />24. BLM Instruction Memoranda regarding BLM/CMLRD Memorandum of Understanding <br />25. BLM/CMLRD Memorandum of Understanding <br />26. Bureau of Land Management Surface Management Regulations--43 C.F.R. Subpart 3809. <br />27. All materials received by the Durango Field Office during the month of January. <br />
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