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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECLARATORY ORDER <br />IN THE MATTER OF THE PETITION FOR DECLARATORY ORDER BY LKA INTERNATIONAL, INC., <br />FII.E NO. M-1978-091. <br />THIS MATTER came before the Mined Land Reclamation Board on October 16, 2002 at Denver, <br />Colorado for hearing on a Petition for Declazatory Order, pursuant to Boazd Hard Rock/Metal Mining Rule 2.5. <br />Lance Barker appeazed on behalf of the Petitioner. Bob Oswald appeared on behalf of the Division of Minerals <br />and Geology (Division). The Boazd, having considered the Petition and Responses thereto, and the azguments <br />of the parties, and having been otherwise fully informed in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Petitioner seeks an order from the Board declaring that its off-site storage of one ton bags of ore does <br />not constitute part of its mining operation and is therefore not subject to permitting. Petitioner operates <br />a 3.5 acre gold mine which is located on Section 10, T43N, R4W, N.M.P.M., Hinsdale County, <br />Colorado. <br />2. The Board has jurisdiction over the subject matter of this action and the parties hereto, in accordance <br />with C.R.S. § 35-32-101, et seq. <br />3. The Boazd entertains declaratory order petitions in accordance with C.R.S. § 24-4105(11), and Hazd <br />Rock/Metal Mining Rule 2.5. <br />4. In accordance with Hazd Rock/Metal Mining Rule 2.5.3(a), it is appropriate for the Board to rule on the <br />petition because it would remove uncertainties as to whether the storage area in question constitutes paR <br />of the mining operation that is subject to permitting in accordance with § 34-32-109, C.R.S. <br />5. The Division was granted party status in accordance with Hazd Rock/Metal Mining Rule 2.5.5(1). <br />6. Petitioner stores one ton ore sacks in a gravel pazking lot located at the intersection of [he access road to <br />the mine and the highway. Petitioner stores the sacks at this location because [he vehicles that transport <br />the ore to the processing facility aze too lazge to use the access road to the mine. Petitioner must <br />transport the sacks to the pazking ]ot in smaller vehicles, and store the sacks in the parking lot until they <br />