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~ • <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF PRECIOUS OFFERINGS MINERAL EXCHANGE. INC., THE BROWN <br />DERBY MINE STCE, FII.E NO. M-1999-074, APPEAL OF THE DIVISION'S APPROVAL OF A 110 <br />PERMIT <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on February 23, <br />2000, for a hearing pursuant [o Hard Rock/Metal Mining Rules and Regulations ("Rules") 1.4.7, the <br />Board makes the following Findings of Fact and Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />I. On October 20, 1999, the Division approved Precious Offerings Mineral Exchange, Ines <br />("Precious Offerings") 110 permit to operate an underground tourmaline/lepidolite mine at the Brown <br />Derby Mine site inC,unnison County, Colorado. <br />2. On December 16, 1999, David and LaDonna McLain ("the McLains'"), landowners <br />across whose property the Brown Derby proposed access road crosses, submi«ed an objection letter to <br />[he 110 permit approval. The McLains objected to the permit on the grounds that Precious Offerings did <br />not have permission to cross the McLains' property in order to access the Brown Derby Mine. <br />3. The appeal letter was timely filed pursuant to Rule 1.4.7, and the matter was scheduled <br />for the February 23.2000 Board hearings for consideration of the merits of [he appeal. <br />4. APre-hearing Conference was held by conference call on February I I, 2000. William <br />T. Cohan presided as the Board-designated Pre-hearing Conference Officer. At the Pre-hearing <br />Conference, Mr. Cohan identified the sole issue on appeal to be: /n the matter of Permit No. M-99-074, <br />has the permit been properly issued in light of the disputed right-of-access to the property? <br />S. In consideration of whether a permit applicant has met the requirements of the Colorado <br />Mined Land Reclamation Act, § 34-32-101 to 127, C.R.S., the Board finds that: <br />A permit applicant must show proof of a legal right-of-entry on the property to be mined, <br />pursuant to § 34-32-112(2)(d), C.R.S. and Rule 6.3.7 (such provision made applicable to I10 <br />permits pursuant to § 34-32-I 10(7)(c), C.R.S.); <br />The legal right-ofentry on a permitted mining site does not pertain to the question of access <br />to the site, unless the access roads or routes are part of the affected area under the permit by <br />vittue of requiring construction or substantial upgrading by the permittee; <br />• Regardless of the fact that a permit application must include a map of any proposed access <br />routes pursuant [o § 34-32-110(2)(a)(V), C.R.S. and Rule 6.3.1, a disputed right to use such <br />access routes is not a factor in a determination as to whether a permit should be granted; <br />M:bssWMM~Board OrdersL000 BOARD ORDERSYebsuaryVN-1999~07d doc <br />