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construction materials are speculation. The Division disagrees with your assertion that "the Division <br />will have inversely condemned the gold and gemstones for a public use" or that Division consideration <br />of an application would be "contrary to the taking clause of the US Constitution". <br />The Division disagrees with your assertions regarding the actions and position of the State Land Board <br />with respect to the Cedar Point Pit, and with your assertion that the Division "acquiesced to the State <br />Land Board's point of view, but took a contrary position in the MARS PIT application and ORION PIT <br />application". In order to answer your question regarding who owns the sand and gravel within a <br />particular parcel of land, it would appear to be necessary to identify the specific parcel of land in <br />question, review the deeds and related ownership documents applicable to that specific parcel, and <br />then determine whether the ownership of sand and gravel within that specific parcel is clearly <br />established. If the ownership of the sand and gravel is not clearly established, then an appropriate civil <br />action may be necessary to adequately clarify the identity of the owner(s) of the sand and gravel. <br />Please contact me at the Durango Field Office, 970-247-5062 if you have any questions or if I can be <br />of further assistance. <br />Sincerely, <br />yG2?~ <br />Tom Gillis <br />Senior Environmental Protection Specialist <br />/tdg <br />a:m115cor5.tdg <br />00235 <br />