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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE APPEAL OF THE DECISION OF THE DIVISION OF <br />RECLAMATION, MINING AND SAFETY TO APPROVE THE APPLICATION FOR <br />MODIFICATION MD -03 TO THE NOTICE OF INTENT TO CONDUCT <br />PROSPECTING OPERATIONS OF BLACK RANGE MINERALS COLORADO, <br />LLC, File No. P-2009-025 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 26, 2015 for a hearing to consider the appeal of the decision of the Division <br />of Reclamation, Mining and Safety ("Division") to approve an application for a third <br />modification ("Application") to Notice of Intent to Conduct Prospecting Operations <br />number P-2009-025 ("NOI"), held by Black Range Minerals Colorado, LLC <br />("Prospector"). This matter came before the Board on October 28, 2015 for <br />deliberation and final agency action. <br />First Assistant Attorney General Jeff Fugate, Tim Cazier, and Wally Erickson <br />appeared on behalf of the Division. Patrick Siglin and Rod Grubb appeared on behalf <br />of Prospector. Jeff Parsons, Esq. appeared on behalf of appellants Tallahassee Area <br />Community, Inc. ("TAC"), Kay Hawklee, and Information Network for Responsible <br />Mining ("INFORM") (collectively, "Appellants"). Lee Alter and Robert Moran, Ph.D. <br />testified as witnesses for Appellants. <br />The Board, having considered the parties' presentations, testimony, and <br />evidence, and being otherwise fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF FACT <br />1. Prospector holds the NOI for a 4.5 -acre uranium exploration site. <br />Located in Section 21, Township 17 South, Range 73 West, 6th Principal Meridian, <br />in Fremont County, the site is known as the Hansen Uranium Project. <br />2. Prospector filed the Application on December 22, 2014, seeking <br />approval of a third modification to the NOI ("Modification MD -03"). The Division <br />deemed the Application complete for review on December 31, 2014. <br />3. During the public comment period, the Division received comments <br />and objections from Lee Atler, Kay Hawklee, Jim Woodward and Jennifer Hurston. <br />The public comment period closed on January 22, 2015. <br />