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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 ADMINISTRATIVE APPEAL OF AN OFFICE <br />DECISION TO APPROVE THE NOTICE OF INTENT MODIFICATION NO. 4 <br />OF ZEPHYR, GOLD USA LTD., File No. P-2013-002 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />April 24, 2019 in Denver, Colorado to consider the administrative appeal by objectors <br />Information Network for Responsible Mining ("INFORM") and Randy and J. Jean <br />Keller (the "Kellers") of an approval of an application for an amendment to a Notice <br />of Intent to Conduct Prospecting Operations filed by Zephyr Gold USA Ltd. <br />("Applicant"), file number P-2013-002. Angela Belantoni and David Bailey, Esq. <br />appeared on behalf of Applicant. Jeff Parsons, Esq. appeared on behalf of INFORM <br />and Jean Keller appeared on behalf of the Kellers. First Assistant Attorney General <br />Jeff Fugate, Tim Cazier, and Michael Cunningham, appeared on behalf of the <br />Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, hereby enters the following: <br />FINDINGS OF FACT <br />1. Applicant holds Notice of Intent to Conduct Prospecting Operations <br />number P-2013-002 ("NOF). Located in Section 14, Township 19 South, Range 71 <br />West, 6th P.M. in Fremont County, the site is a 7.8 -acre gold prospecting site <br />known as the Dawson Gold Project. All affected land under the NOI are on patented <br />claims or land managed by the Bureau of Land Management (`BLM"). <br />2. On November 27, 2018, Applicant filed an application to modify the <br />NOI ("MD -04") with the Division. In MD -04, Applicant proposed adding 2,727 feet <br />of exploration roads. <br />3. The Division posted MD -04 on its website on November 28, 2018, with <br />the public comment period ending on December 12, 2018. <br />4. At the close of the public comment period, the Division received <br />eighteen timely comments. <br />5. On December 10, 2018, the Division mailed Applicant a Notice of <br />Deficiencies for MD -04 seeking clarity from Applicant regarding the length of the <br />