PERMFILE70660

• Permit No: M1993023
• IBM Index Class Name: Permit File
• Doc Name: IN RE PETITION OF MOFFAT CNTY FOR DECLARATORY ORDER
• Media Type: D
• Archive: No

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COLORADO MINED LAND RECLAMATION BOARD III'IIIIIIIIIIIIIII
999
~. IN RE PETITION OF MOFFAT COIINTY FOR DECLARATORY ORDEP
MOFFAT COUNTY ROAD DEPARTMENT, a department of the Moffat County,
State of Colorado
Petitioner,
Pursuant to Rule 2.5 of the Mineral Rules and Regulations of
the Colorado Mined Land Reclamation Board, Petitioner seeks a
Declaratory Order concerning effect of the Colorado Register of
Historic Places Act, C.R.S. §24-80.1-101 et. sea. (the "Act"), on
permit applications before the Mined Land Reclamation Board (the
"Board") when affected property is not listed or nominated for
listing on the State Register of Historic Properties (the "State
Register"), as created and defined in the Act. As grounds
therefor, the Petitioner states as follows:
I. INTRODQCTION
The Petitioner, Moffat County Road Department (the
"Petitioner" or "Moffat County"), is a Permittee under Permit No.
M-93-023, Cross Mountain Gravel Pit No. 1 (the "Permit"). The
Petitioner's address is P.O. Box 667, Craig, Colorado 81625. The
Permit, issued by the Board on July 1, 1993, included a Rider to
Mining Permit stipulating that:
No mining related disturbance may occur until
a cultural resource survey is made of the
entire Permit area and the Colorado Historical
Society has either cleared the site or agreed
to necessary mitigation. Proof of site
clearance or mitigation must be provided to
the Division prior to mining. A revision to
your Application may be necessary if site
mitigation alters the mining or reclamation
plan.
This Petition relates to C.R.S. §24-80.1-104, a section of the
Act titled "Effect of State Register." A copy of the Act is
attached hereto as Exhibit A. The issue presented here is whether
section 104 of the Act imposes any duties on agencies contemplating
actions affecting properties which are neither listed nor nominated
for listing in the State Register. A controversy exists with
respect to the applicability of the Act in such a situation. That
controversy can be terminated and resolved if this Board rules upon
the instant Petition. Specifically, Petitioner requests that the
Board determine that it will rule on this Petition and issue a
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