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<br />• <br />Page J <br />require for the road and/or embankment after mining that would not interfere with, instead of promote, post- <br />mine use. <br />17. The pipeline and the embankment may create a threat to private property. That fact, by itself, does not <br />justify the Board's assertion of jurisdiction over the embankment. The parties testified that their respective <br />rights on this embankment will soon be the subject of a civil action. Thus, it appears they have a means to <br />protect their rights, as do the landowners below. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board orders that the affected land for <br />Pathfinder Development, Inc.'s Permit No. M-1994-113 does not include the upgraded road over the <br />aforementioned embankment. More specifically, the boundary of affected land at the access road is defined by <br />the "limits of disturbance" line on the Mining Plan Map, Exhibit "B", Technical Revision No. 3. <br />DATED this`` day of ~ , 2000. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />Michael B. Long, <br />Division of Minerals and Geology <br />