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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 AL MOSCH, COMSTOCK MINE, NO. 0-99-007, REQUEST FOR <br />DECLARATORY ORDER EXEIVIPTING SITE FROM RECLAMATION PERMIT REQUIREMENTS <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on February 24, <br />f 999, for a hearing pursuant to Rule 2.5 of the Hard RockJMetal Mining Rules and Regulations, the Board <br />makes the following Findings of .Fact and Conclusions of Law, and enters the following Declaratory Order: <br />FINDIIVGS OF FACT AND CONCLUSIONS OF LAW <br />AI Mosch ("Mosch") owns the Phoenix Mine property in Clear Creek County, Colorado, on <br />which he operates an educational/tourist mine, and on which he is conducting excavations to expand [he <br />mine tunnels for safety purposes ;tnd to accommodate larger numbers of visitors. <br />2. The Division of Ptlinerals and Geologyreceived an anonymous complaint that Mosch was <br />conducting illegal mining operations on April 15, 1998. <br />3. Upon inspection, in response to the complaint, the Division found that Mosch had disturbed <br />approximately 1600 square feet of surface, had made improvements to the portal and inner workings of the <br />Comstock portion of the mine property, and had installed amock-up hoist up Trail Creek from the Comstock <br />portal. <br />4. All operations being undertaken on Mosch's Phoenix mine property and within [he <br />Comstock mine workings are [ow;ud the end of making the propety a better and safer tourisrleducational <br />facility. <br />5. The activities being carried out by Mosch are not mining activities as described in Rule 1.2 <br />of the Hard Rock/Metal ivlining Rules and Regulations. <br />DECLARATORY ORDER <br />Based on the above findings of fa[:t and conclusions of law, the Board declares that Mosch's property <br />improvement activities are EXEMPT from the requirements of Sections 34-32-1O1 et sec , C.R.S. <br />Dated this ~_day of ~`~-~'~-t~L- , 1999 <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTiv1ENT OF NATURAL 12ESOURCES <br />FOR THE BOARD: <br />B Y: <br />MICHAEL B. LONG, ~ or <br />Division of Minerals and Geology <br />\\ <br />Nunc pro tunc Febmary 24, 1999 <br />