ENFORCE36537

• Permit No: M1999074
• IBM Index Class Name: Enforcement
• Doc Date: 1/11/2000
• Doc Name: NOTICE
• Media Type: D
• Archive: No

DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1713 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FA%: (3031 83?8106
DATE: January 1 1, 2000
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NOTICE
TO: Persons Involved in the Request for Administrative Appeal
for the Brown Derby Mine
FROM: Wallace H. Erickson, Division of Minerals and Geology
RE: Formal Public Hearing for Consideration of Administrative Appeal,
Brown Derby Mine, Permit No. M-99-074.
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MIN ING•SAFETY
Bill Owens
Governor
Greg E. Walther
E.ecWive D~re<lor
Michael B. Long
Dlrision Director
On December 16, 1999, the Colorado Division of Minerals and Geology received a request
for administrative appeal of our previous approval decision for the Brown Derby Mine
application. The request for appeal was submitted in accordance with Rule 1.4.7 of the
Hard Rock/Metal Mining Rules and Regulations of the Colorado Mined Land Reclamation
Board, by Robert E. Wright, Jr., attorney for David J. McLain and LaDonna J. McLain. The
request for administrative appeal asserts that right of entry has not been granted to the
operator of the Brown Derby Mine, for the portions of the pre-existing access road located
on lands owned by David and LaDonna McLain.
Pursuant to Section 24-4-105(2), C.R.S., of the Administrative Procedures Act, and Rule
1.4.2(4) of the Hard Rock/Metal Mining Rules and Regulations of the Colorado Mined Land
Reclamation Board, a Formal Public Hearing will be held during the February 23-24, 2000
meeting of the Colorado Mined Land Reclamation Board for consideration. The hearing will
be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m.
or as soon thereafter as the matter can be considered. You will have the opportunity to be
represented and heard.
A Pre-hearing Conference is tentatively scheduled to occur during the week of February 7-
11, 2000. The purpose of the Pre-hearing Conference is to identify the parties, witnesses
and issues to be discussed at the Board hearing, and to prepare an outline of the agenda
for the Board hearing. Should aPre-hearing Conference prove necessary, the Division will
provide notice of the date, time and location to all persons entitled to such notice.
If you have any questions, please contact Wally Erickson at the Division's Durango Office,
701 Camino Del Rio, Room 125, Durango, CO 81301, telephone [phone].
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