PERMFILE109901

• 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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15. Letter from Kathryn Dolan, Water Quality Control Division, November 17, 1997, with
notes typed at the bottom by Doug Conger.
16. Various maps used for demonstrative purposes.
17. Materials Received from BLM pursuant to a Freedom of Information Act Request,
including:
a. Memo from Kristie Arrington, October 24, 1997--Comments on high potential for
important cultural artifacts and human remains on site.
b. Memo from Robert Ball, October 15, 1997--Recognizing that the plan only
depicts mining activities through March of 1999. Recognizing that applicant has
made a proposal to BLM for an access road along the north side of site to County
Road 21.
c. Letter from Stone Crushing to BLM, October 7, 1997,--Requests to fence entire
site, install lock on access and place right-of--way at the north end of site.
d. Memo From Realty Specialist Higby, September 16, 1997-- Indicates that
applicant believes irrigation water is unavailable in the area.
e. Memo from Charlie to Jan, Undated--Indicates that BLM expected cultural would
be addressed in DMG process and that BLM is an affected property owner.
f. Memo from Robert Ball, June 10, 1997,--notes from site visit.
g. Cultural Resource Action Memorandum, May 21, 1997--Archeologist required
on-site to monitor project activity.
18. Letter from Advisory Council on Historic Preservation to BLM, November l2, 1997--
RE: BLM consultation with the ACHP and the State Historic Preservation Officer.
19. Letter from Calvin Joyner to Alan Stanfill, December 3, 1997--RE: Initiation of formal
consultation regarding BLM obligations under section 106 of the National Historic
Preservation Act.
20. Letter from Calvin Joyner to Senator Campbell, November 25, 1997,--Surface artifacts
are present in the area; Error of law concerning "subservient rights" of surface owners in
Colorado.
21. Garrity Oil & Gas Corp. v. Magness, 946 P2d 913 (Colo. 1997). Surface estates and
mineral estate in Colorado "are mutually dominant and mutually servient because each is
burdened with the rights of the other." Id. at 927 FN8. Prima facie case of trespass exists
where there is a material interference with the surface use that is unreasonable from the
perspective of the surface owner. Id at 933.
22. January 20, 1998, fetter from Stills to BLM requesting compliance with NEPA and other
federal laws that inform BLM and the public of the reasonableness of surface use of
federal public lands.
23. Division of Wildlife letter to Susie Bell, November 12, 1997-- identifies listed
endangered species in the wildlife composition of the area.
24. BLM Instruction Memoranda regarding BLM/CMLRD Memorandum of Understanding
25. BLM/CMLRD Memorandum of Understanding
26. Bureau of Land Management Surface Management Regulations--43 C.F.R. Subpart 3809.
27. All materials received by the Durango Field Office during the month of January.