Laserfiche WebLink
~"~'~~ 1 ~?A01 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO 9i ~~ ~ "' " '. ~~~ .ilon, <br />fv~iiilrlc~ ~~~~~ ti,~;,;iy <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE CONSIDERATION OF A PETITION TO DESIGNATE <br />LANDS AS UNSUITABLE FOR COAL MINING, GARY AND KAREN ZAK, FILE <br />NUMBER C-2006-085 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />April 11, 2007, in Denver, Colorado for a hearing to consider a petition to designate lands as <br />unsuitable for coal mining filed by Gary and Karen Zak ("Petitioners"). The file number in <br />this matter is C-2006-085. Gary Zak appeazed on behalf of the Petitioners. Sandy Brown <br />appeazed on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />The Boazd, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Petitioners own property in the Chandler Heights subdivision near the site of a <br />proposed coal mine located in Section 14, Township 19 South, Range 70 West, 6`" Prime <br />Meridian in Fremont County, Colorado. The proposed size of the coal mine is <br />approximately 1,429 acres. The coal mine is referred to as the Northfield Mine site. <br />2. The Boazd has jurisdiction over this matter pursuant to Sections 34-33-126 of the Colorado <br />Surface Coal Mining Reclamation Act, Section 34-33-101 et seq. C.R.S. (2006) ("Act"). <br />3. Under the Act, a person "having an interest which is or may be adversely affected ... shall <br />have the right to petition the boazd to have an area designated as unsuitable for all or <br />certain types of surface coal mining operations or to have such designation terminated." <br />Section 34-33-126(2)(a), C.R.S. Such petitions aze to be filed with the board "prior to <br />Zak Petition, C-2006-085 <br />