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Phillip Wolf <br />P.O. Box 16804 . <br />Golden, Co. 80402 <br />November 17, 2003 <br />Chuck Binford <br />Dept. of Transportation <br />Yegion 1 18500 E. Colfax <br />Aurora, CO. 80011 <br />''Dear Mr. Binford, <br />RNO~'~ <br />~7~ <br />I <br />~.~ al <br />The reason for this letter is in reference to Permit#103039, <br />addtional terms and conditions, and the relevence to stipulation <br />#7, needing County approval. If you remember, I had discussed <br />this with you earlier, and why, this by Law, cannot be required. <br />I'm attaching somenI would like you to review, or have reviewed. <br />exti,b:+s <br />What I need from C.D.O.T. is to show cause, to me, what Law or <br />Statute would supersede the references provided to C.D.O.T. that <br />allows any County Commissioner, to prohibit use's of an appurtence <br />of one's own land.Our State Statute prohibit any denial of use <br />passed on to a Patentee, from Federal lands, by County Commissioner's, <br />Title 1 Article 2 Section 25 Doctrine of Preemption, see case <br />attached: <br />Article 2 Section 25 and Cases Law provided, that deals with <br />intended use and Covenants provided by Executive Order. The use <br />intended, is for Mining. This is a *~~>+~~rt oa*~.,+- -~-~~»~~*+~* <br />coov to vou, signed by Presidential Order and use designated as <br />Mining. The Mining Act of 1872 is all emcomaassinq, and covers all <br />fields related to Mininq. <br />Land is described as from the center of the Earth, to the Heavens <br />and anything and ever~-th~ng} <br />In this description is an appurtent to the Land. This cannot be <br />prohibited by any County! <br />There is simply not jurisdiction at County level or State level. <br />There is no State Stutute that can ever superce~d the Supreme <br />Clause! <br />The other s-~ipulations you've asked for, we expect to work <br />through, on a highway owned, by the Public, and will work hand in <br />hand with C.D.O.T. to provide these conditions, satisfactorily. <br />What I need you to provide me~tsj what Law that you use to require <br />me to seek approval from a Municipality; that can River have <br />jurisdiction over these issues? <br />If there are any questiorn5on these exhibits, please <br />to call me, so these can be discussed. <br />I would apprec e a respons on or before 12/05/03 <br />proceed to ur o er con tions minus Stipulation <br />Sincerely, <br />Philli <br />f <br />don't hesitate <br />or I:will <br />#7. <br />~- <br />~ ~x <br />