Laserfiche WebLink
r <br />• III'llllllllllll III • <br />United States ~..,Ya. ~...,,..~ ~f the Interior <br />BUREAU OF LAND MANAGEMENT <br />Royal Gorge Resource Area <br />P. O. Box 1470 <br />Canon City, Colorado 81212 <br />(303) 275-7578 <br />March 4, 1987 <br />CERTIFIED MAIL N0. P005 595 561 <br />RETURN RECEIPT REQUESTED <br />Colorado Quarries <br />15th and Water <br />Canon City, CO 81212 <br />Dear Mr. Tezak: <br />IN REPLY NEFEP TO <br />9235 <br />CO Quarries <br />(CO-057) <br />We are providing you with written notification of our concern to mine a banded <br />rhyolite deposit located in the~SE~NE'~ of section 8, T. 22 S., R. 72 W. Sde <br />were contacted by Virginia Sullivan of the Custer County Planning Department <br />in regards to a conditional use permit application made by Colorado Quarries <br />for a mining operation of this deposit. We will provide you with the <br />following information: <br />1. Our current understanding of the situation. <br />2. Our understanding of mining law as would pertain to this situation. <br />3. A recommended procedure for resolving the situation. <br />An existing banded rhyolite quarry exists in the locality described earlier. <br />Mining has been occurring at the quarry for an undetermined length of time <br />with no permit authority. Colorado Quarries is interested in obtaining the <br />necessary county and state permits to authorize continued mining of the <br />property. We were contacted by Custer County as an "adjacent" landowner in <br />regards to this operation. Our review of master title plate and a map <br />provided by Mr. Tezak indicates the quarry is in an area that is split estate, <br />which means the surface estate and mineral estate are held by different <br />parties. The mineral estate ie held by the United States in this area. It is <br />our opinion that the banded rhyolite deposit would be included with the <br />mineral estate. This appears to be the same opinion as Colorado Quarries <br />which has negotiated with mining claimants and lessee's of mining claimants <br />'for the rights to the deposit. The questions then arises as to whether the <br />legal right to mine the deposit would fall under the authority of the general <br />mining law or other disposal authority. It ie our initial opinion that <br />authorization to mine this deposit would fall under the Materials Act of 1947 <br />rather than the general mining law. <br />