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;~ • III IIIIIIIIIIIIIIII • <br />KIMOCHI, INCORPORATED <br />Post Office Box 316 <br />Boulder, Colorado 80306 <br />(303) 494-9542 <br />(Fax) 494-9542 <br />RECEIVED <br />February 18, 1998 <br />To Whom It May Concern: <br />'1 [` 4. gyn. <br />.=r_.: ~.~ 1~~~ <br />Division of Minerals & Geology <br />On February 1, 1998, Mr. Jerry Orback and I conducted a ground search <br />survey over a small area that will be directly and indirectly impacted by <br />mining activity. The area covered by our survey was within the Section 36 <br />and Section 31 of the Owl Canyon Quadrangle. This survey was conducted at <br />the request of landowners in the area. <br />The purpose of our ground search survey was to locate ground surface <br />evidence of prehistoric human occupation and their remaining artifacts. <br />Accordingly, our search design was to pinpoint clear and defined <br />archaeological sites having an accumulation of prehistoric cultural <br />materials. During the course of our survey, we found evidence of Indian <br />occupation and archaeological sites. These sites were places of human <br />activity where Indians lived and quarried stone. Religious and work sites <br />were also found. Given the nature of these sites, the archaeological <br />areas were not random and isolated. Also, the small canyons in the azea <br />formed unique ecological niches far different from the surrounding area. <br />These small canyons guaranteed a water supply even through times of <br />drought, so that native people would be able to survive in a comfortable <br />setting. <br />It is my recommendation that our initial findings be confirmed by a formal <br />archaeological survey over the lease azea and other areas that will be <br />impacted by the mining activities. With little past ethnographic and <br />archaeological study of the area, this becomes an ideal opportunity for <br />study. <br />However, a question of legal responsibility becomes an issue. "The state <br />of Colorado reserves to itself title to all historical, prehistorical and <br />archaeological resources" in areas owned by the state. This title also <br />applies to any resources under the jurisdiction of other political <br />entities within the state of Colorado. Basically, the state's <br />archaeological laws do not apply to private landowners. They are allowed <br />to do anything on their land regardless of archaeological resources. In <br />