2012-12-21_GENERAL DOCUMENTS - M1983141

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In Reply Refer To: 1990 (COF020. SSC) Mr. Jim Daus /older County Parks and Open Space 5201 St. Vrain Road Longmont, CO 80503 C United States Department of the Interior BUREAU OF LAND MANAGEMENT e7 Royal Gorge Field Office 3028 East Main Street Canon City. Colorado 81212 DEC 19 2012 11 RECEIVED �DF(' 7 1 2012 DIVISION OF RECLAMATION Dear Mr. Daus: MINING AND SAFETY 7 , : L // Thank you for contacting the Bureau of Land Management (BLM) regarding Boulder County's (County) transactions with Mark Steen in the Gold Hill area of Boulder County, CO. The BLNI appreciates the County's willingness to work with it and forego recording_ a restrictive covenant on public land. Rather, BLNI understands that the County will enter into a private agreement with Mr. Steen. BLNI also understands that the conservation easement between Mark Steen and the County only applies to private land held by Mr. Steen and not public lands. BLNI would like the County to keep in mind that rights under any mining claim located under the mining laws of the United States shall be subject to the right of the United States to manage and dispose of the vegetative surface resources thereof and to manage other surface resources of the United States. Any such mining claim shall also be subject to the right of the United States, its permittees, and licensees, to use so much of the surface thereof as may be necessary for such purposes or for access to adjacent land. See 30 U.S.C. Part 612(b). In other words. while Mr. Steen may enter into an agreement with the County, BLM may impose orders upon Mr. Steen in conformance with Mr. Steen's Plan of Operations and the mining laws that could impede the private agreement between Mr. Steen and the County. In sum, please understand that any contract and/or agreement between the County and Mark Steen will not bind federal interests and BLM's management of the mining claim or