Laserfiche WebLink
13. "Affected land" excludes off-site roads which existed prior to the date <br />on which notice of an application was given, were constructed for purposes <br />unrelated to the operation, and will not be substantially upgraded to support the <br />operation. § 34-32-103(1.5), C.R.S. The road through the Keller's property existed <br />before the date of the notice, was not constructed for purposes related to Applicant's <br />activities, and will not be substantially upgraded. Accordingly, the access road at <br />issue in this appeal is not "affected land." <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds and orders as follows: <br />The Board DENIES the Appeal by Information Network for Responsible <br />Mining and Randy and J. Jean Keller appeal of the Division's approval of Zephyr <br />Gold USA Ltd's NOI MD -04, File No. P-2013-002. <br />DONE AND ORDERED this day of. 2019. <br />FOR THE COLORADO MINED LAND <br />RECLAMA IO OARD <br />Forrest Luke <br />NOTICE OF JUDICIAL REVIEW RIGHTS <br />This order becomes effective and final upon mailing. Any party adversely affected <br />or aggrieved by agency action may commence an action for judicial review by filing <br />a complaint with the district court within thirty-five (35) days after the effective <br />date of this order, pursuant to section 24-4-106, C.R.S. (2018) and the Colorado <br />Rules of Civil Procedure. In the event that a complaint for judicial review is filed, <br />designations of record made in accordance with tiection 24-4-106(6), C.R.S. should <br />be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, <br />Attention: Camie Mojar. <br />Zephyr Gold USA Ltd <br />P-2013-002 <br />