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1 <br />• <br />Rationale for Approval Recommendation ~ Page 14 <br />Application for Stone Gravel Pit <br />Permit No. M-97-089 <br />c. Right of entry based on incorrect position that mineral estate has unlimited and unrestrained <br />use of the surface estate /Srillsl <br />d. BLM has incorrectly stated that the mineral estate is 'paramount"in Colorado /Srinsl <br />e. Federal permission to conduct on-site processing not indicated Isrillsl <br />f. Location is an Area of Critical Environmental Concern, cultural sites require a C/ass /// <br />inventory, monitoring of alluvial areas, increased cultural resource patrols, and evaluation to <br />determine eligibility for National Register of Historical P/aces /Sr;nsl <br />g. Environmental impact Statement is required /Srillsl <br />h. Applicant has conducted exploration activities, despite BLM identification and notification of <br />two cultural sites /Srillsl <br />i. Compliance with National Historical Preservation Act, Native American Graves Protection and <br />Repatriation Act, and Archaeological Resources Protection Act not verified /Srillsl <br />j. Applicant has not indicated intent fo secure appropriate permit for excavation or removal of <br />the cultural resources tsriusl <br />k. BLM has not indicated intent to secure appropriate permit for excavation and removal of the <br />cultural resources /Srillsl <br />!. Potentially contrary io federal wildlife laws, including Migratory Bird Treaty Act and <br />Endangered Species Act, because Peregrine Falcons, Bald Eagles and Golden Eagles may hunt <br />in the area and neotropical migratory birds use the area IStillsl <br />m. Indication of intent to secure exception to the federal laws that prohibit 'Make"of protected <br />species b y private actions is absent /srinsl <br />n. initiation of procedures for federal consultation processes not indicated /Srillsl <br />DMG has not received comment from other agencies indicating possible violation, conflict, <br />or enforcement action pending. BLM is the surface land management agency, has <br />reviewed the application, has conducted on-site inspections, and has not indicated conflict <br />with federal regulations. Based on the Act and Rules and Regulations, and the <br />Memorandum of Understanding between DMG and BLM, the applicant has satisfied the <br />applicable requirements. <br />79. Archaeo/ogica/ resources /Be/l, Brad/ey, Emerson, Morris, Srillsl <br />a. Violation of Section 106 of the National Historic Preservation Act IeelU <br />b. Violation of the Native American Graves Protection and Repatriation Act, viewed seriously by <br />the Advisory Council for Historic Preservation in Denver !Bell) <br />DMG has not received correspondence from other agencies indicating possible violation, <br />conflicts. or enforcement actions pending. BLM is the surface management agency, has <br />reviewed the application, has conducted on-site inspections, and has not indicated conflict <br />with federal archaeological issues. Additionally, the Act and Rules and Regulations do not <br />specifically address identification and protection of archaeological resources. <br />20. Fugitive dust and associated health issues /Bel/, Emerson, Lowe, Morn's/ <br />a. Chemical dust retardants corrosive to vehicles /Morns/ <br />