GOLD MINING CLAIM near Fairplay Colorado FOR SALE, High Grade Ore Stockpile from London Mine and Placer Grounds Options

[ASTROBLEME]

NOTICE:

Due to the high grade nature of the gold ore stockpiled on this claim,the area is patrolled and monitored. This Federal Mining Claim is located, recorded, and maintained in accordance with 43 C.F.R. Part 3800 and 30 U.S.C. 22 et seq.; 43 U.S.C. 1744 and all appropriate state laws. All persons are warned that disturbance of the monuments, surface, or improvements on this claim or removal of minerals of any type without permission of the claimant(s), will result in their prosecution under the appropriate state and federal statutes.

HISTORY:

The London Mine Group was developed on pollymetallic quartz veins associated with the Great London Fault. According to documentation by Singewald and Butler (1941) the ore mined between 1895 and 1910 averaged 2.895 opt gold, 2.858 opt silver, 4.13 % lead, 2.66 % zinc, 4.85 % iron, 6.11 % sulfur, and 76.8 % silicon. The most recent reports published by the Colorado Geological Survey state that remaining mine and stockpile resources range from 0.10 to 0.41 opt gold having a weighted average of 0.19 opt gold. Most of the Tonko #1 CMC289770 mining claim was formerly known as the Jewett #1 CMC94664 and the Jewett #2 CMC94665 mining claims that were held by London Mine Venture from 1935 through 1991. The stockpile on Tonko #1 was estimated by Behre Dolbear & Company, Inc. in a report dated March of 1985 to contain 172,000 tons of gold ore!

MINING CLAIM MAP:



GOOGLE EARTH VIEW OF CLAIM:




HIGH GRADE SORTING OF ORE:

This photo shows the limited number of employees hand sorting out the exceptionally high grade ore being transported from the mine. Only the highest grades of visible gold ore were hand picked off of the conveyor belt and shipped out for processing. The mine had taken out all processing equipment after World War I due to high taxation. The gold ore stockpile was created by using a small mining train that traveled about 1/4 mile uphill from the sorting facility and dumped along the mountainside for future processing. The round-trip for stockpiling was about 1/2 mile and the volume of ore that was stored now looms over the local area. Since the hand sorting crew wore thick gloves and the speed of the conveyor belt moved exceptional specimens right past the sorting crew, substantial volumes of exceptionally high grade ore was subsequently transported out to the stockpile.




STOCKPILE PHOTO:




CONTACT:

President of Tonko Mining Company, Inc.

[Clay Diggins]

Is the gate locked Johnny?

All of 9S 78W Section 18 L5 is private patented land. The 120 acre placer patent there in the north of Sections 18 and 17 precedes the public way by three years.

If the gate isn't locked I doubt there is any legal issue. Private landowners have a right to protect their property even if a public way passes through. As across the rest of the west the right thing to do when encountering a gated road is to close the gate after you pass through if it was closed or leave the gate open if it was open.

The fact that the gate indicates private land and no trespassing doesn't change the status of the public way if there is one. ROWs and easements, if they exist, are not an ownership issue but one of estate. The subservient estate (private landowner) doesn't give up their rights to anything but the surface travel of the public across their private lands. To put it another way a public road is an abstract right that doesn't result in the County owning the land the road is located on.

Interestingly the Master Title Plat doesn't indicate a ROW or easement where the road crosses the federally managed lands. That makes things rather ambiguous as far as a right to access the road despite the county and forest designations. That's why you are likely to get a shrug from the Sheriff.

If your passage has been physically prevented it's probably going to be up to you to prove that right in a civil proceeding. If you do have passage but are inconvenienced to open and close the gate I doubt you will find recourse in the law. Just an experience based opinion and not meant to be legal advice.

[ASTROBLEME]

Is the gate locked Johnny?

All of 9S 78W Section 18 L5 is private patented land. The 120 acre placer patent there in the north of Sections 18 and 17 precedes the public way by three years.

If the gate isn't locked I doubt there is any legal issue. Private landowners have a right to protect their property even if a public way passes through. As across the rest of the west the right thing to do when encountering a gated road is to close the gate after you pass through if it was closed or leave the gate open if it was open.

The fact that the gate indicates private land and no trespassing doesn't change the status of the public way if there is one. ROWs and easements, if they exist, are not an ownership issue but one of estate. The subservient estate (private landowner) doesn't give up their rights to anything but the surface travel of the public across their private lands. To put it another way a public road is an abstract right that doesn't result in the County owning the land the road is located on.

Interestingly the Master Title Plat doesn't indicate a ROW or easement where the road crosses the federally managed lands. That makes things rather ambiguous as far as a right to access the road despite the county and forest designations. That's why you are likely to get a shrug from the Sheriff.

If your passage has been physically prevented it's probably going to be up to you to prove that right in a civil proceeding. If you do have passage but are inconvenienced to open and close the gate I doubt you will find recourse in the law. Just an experience based opinion and not meant to be legal advice.

Hello Clay Diggins,

Although I've never encountered the gate being locked, other people have recently and they have been ordered to leave USFS lands by the operator of the gate blockade. My trip a few days ago through this blockade gave me chills...when seeing kid's bikes with training wheels parked right next to the travel surface of the road that comes in from both an uphill blind corner...and a downhill blind corner... that is being traveled by heavy mining equipment and fast moving recreational traffic. Observing a 5th wheel trailer, satellite dish mounted on a ground buried post, barbecue, commercial generator, porta potty...etc... well this appears to be a family residence established upon the county R.O.W. There are laws that govern this situation and I'm seeking to bring the problem to the attention of others to protect everyone involved.

This area isn't governed by the codes of the west. Park County has Roads and Bridges Regulations that are authorized by, inter alia, Sections COLORADO REVISED STAUTES 30-28-101 et. seq.30-28-133, 43-2-114 and 43-2-201.
Amongst the many road and bridge regulations that have been legally established by Park County, there are two easily understandable regulations for the public to be aware of;
2.1.5 C All roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for twenty (20) consecutive years are public roadways.
2.1.5 E All roads over the public domain, whether agricultural or mineral, are public roadways.

Park County Road and Bridge Department seeks the cooperation with all law enforcement officials in administering the provisions of the road and bridge regulations. They also, insofar as possible, develop ways and means to improve traffic conditions. This was what happened last year when I complained of being threatened with trespassing charges when traveling on the subject roadway. The issue is, in my opinion, an already settled matter and the right-of-way will be cleared as prescribed by law by the appropriate government entity.

The county has established speed limits approaching the "barricade". When traveling downhill towards there are 20 MPH signs. Traveling uphill, there are no signs leading into the blind corner. Here's two pics taken on the parcel you've identified as being private patented land. This is condition a few days ago of the road approach from uphill that show the reason to use extra caution on this section of public roadway. Both uphill and downhill travel to this living area has blind corners. The heavy equipment snowblower parked on the travel surface of the R.O.W. has US AIRFORCE license plates stating "FOR OFFICIAL USE ONLY". The white car and white truck had no visible license plates...as required by law when traveling on public roads!






Thanks for your comments on this matter. It is great to see that other members are willing to step up and assist with an understanding of these pertinent issues to prospectors, miners and the general public that uses these R.O.W.s.

ASTROBLEME