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1990 Interior Dec. (IBLA) 261 (1990)

handle is hein.amindian/ibla1990 and id is 1 raw text is: WHEATON D. BLANCHARD IBLA 88-57 Decided Jauary 4, 1990 Appeal from a decision of the California State Office, Bureau of Land Management, denying petition for deferment of annual assessment work. CA MC 180378-3 83 Affirmed. 1. Mining Claims: Generally--Mining Claims: Assessment Work To be entitled to a deferment from the requirement to perform annual assessment work on mining claims, a peti-tioner must show that he was prevented from performance of the work by denial of access to the claims for the purpose of doing such work. Failure to show that one of the impediments to such performance listed by 30 U.S.C. § 28b (1982) prevented access to the mining claims requires rejection of a deferment application. APPEARANCES: King G. McPherson, Esq., Nevada City, California, for appellant. OPINION BY ADMINISTRATIVE JUDGE ARNESS Wheaton D. Blanchard has appealed from a decision of the California State Office, Bureau of Land Management (BLM), dated September 23, 1987, denying his petition for deferment of annual assessment work for the Manzanita group of mining claims, CA MC 180378 through CA MC 180383. On June 10, 1986, Wheaton D. Blanchard and Marion 0. Blanchard relocated the Manzanita claims in Nevada County, California. On July 20, 1987, they filed a notice of intention to hold the claims and a petition for deferment of annual assessment work. The petition for deferment recites: KEN ROUSE, SANDRA ROUSE, GENE ROUSE AND KATHY ROUSE have filed Placer location notices on February 26, 1986, over most of the same ground encompassed by the claims of Petitioners. On the 19th day of May, 1986, and again on the 14th day of May, 1987, Petitioners had their agent CONNER McLUCKIE try to access onto the claims and access was denied by KEN ROUSE, who was armed and told MR. MCLUCKIE in no uncertain terms that he could not access onto 112 IBLA 261

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