Laserfiche WebLink
2. Rule 6.4.14 Exhibit N -Source of Legal RiEht to Enter <br />• Fred Wisely indicated and supplied the Division with documentation that the mineral rights <br />to the site had been severed from the surface rights. <br />DRMS Response <br />The question raised by the above comment is related to C.R.S. 34-32.5-112(1)(c)(N) Rule 6.4.14 of <br />the Construction Materials Rules and Regulations, which requires that the applicant provide the <br />source of the Operator's/Applicant's legal right to enter and initiate a mining operation on the <br />affected land. <br />The documentation provided to the Division by Mr. Wisely regarding the mineral rights to the <br />property is in the form of a patented deed recorded on April 18, 1874, and a Warranty Deed, dated <br />June 27, 1963, conveying one-half of the mineral rights -oil, gas, and other minerals in and under <br />the property - to Paul A., Ethyl R., and David L. Ansley, their heirs and assigns and reserving one- <br />half ofthe mineral rights to N.C. and Laura Cargill. None of the documentation supplied by Mr. <br />Wisely indicates that sand and gravel are included in the reservation of the mineral rights for the <br />property. The Applicant has located a death certificate for Laura Cargill and has discovered that <br />N.C. Cargill passed away out of state. The Applicant has sent notice regarding the pennit <br />application to the Cargill's only know heir, Robert Cargill, in Oregon, as well as to the Cargill <br />Family Trust. <br />The Applicant provided the Division with a copy of the Warranty Deed, dated March 7, 2005, <br />identifying the owners of the property where the mining activity is proposed; as Jack and Susanne <br />Allen. The warranty deed supplied to the Division does not mention exceptions for severed mineral <br />rights for the property. The Applicant has also supplied the Division with a copy of a notice <br />published in the Park County Republican and Fairplay Flume on July 15 and July 22, 2005, <br />identifying the parcel of land for the proposed operation and noticing the proposed rezoning of the <br />site for a gravel operation. This notice, required by Park County as part of their permitting process, <br />requested that any party with mineral interests at the site contact the name listed in the notice. No <br />responses were received. <br />Mr. Allen's attorney addressed the mineral rights issue to the Division by stating, "In summary, <br />under Colorado law, sand and gravel are not normally treated as minerals with a mineral reservation <br />like that contained in the 1963 Warranty Deed. The language in the 1963 Wan•anty Deed does not <br />indicate an intent to reserve sand or gravel, and similar or identical language has been interpreted by <br />Colorado and federal courts to pertain only to energy or hard rock minerals." <br />In August 2006, Robert Cargill and others filed a quiet title lawsuit in the Park County District <br />Court which involves the property the Applicant proposes to mine. Upon the request of the Division <br />to address how this lawsuit affects the Applicant's legal right to enter and initiate the proposed <br />mining operation, the Applicant's attorney sent the Division an opinion letter dated August 17, <br />2006. Mr. Allen's attorney concludes that the lawsuit would not affect the applicant's legal right to <br />enter, but rather, at most, if successful, would require Mr. Allen to account a portion of the net <br />profits from the mining operation. <br />