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3. Raton West presented evidence and/or testimony that: <br />a. Rule 4.21.4(3)(a) states that vehicular travel on other than established graded and surfaced <br />roads should be limited by the person who conducts coal exploration to that which is <br />absolutely necessary to conduct exploration. Raton West argued that Basin has not shown <br />that: <br />(1) The exploration drill holes are necessary and <br />(2) The holes are located in places where environmental damage will be <br />minimized. <br />b. Raton West is not asking the Board to adjudicate a property rights dispute. Raton West <br />believes, however, that should the Board uphold the Division's decision, the Board would <br />be affirming the right of trespass. <br />FINDINGS OF FACT <br />Based upon the foregoing, and pursuant to C.R.S. 34-33-119(5), the Board hereby concludes that: <br />1. All of the exploration activity proposed under TR-28 is within [he Golden Eagle Mine permit area. <br />2. TR-28 was a properly submitted revision that adequately addressed the issues of right of entry, <br />road and drill site reclamation and the posting of adequate amount of reclamation bond. <br />3. The Division properly reviewed TR-28, and determined the application to be in compliance with <br />State Law and Regulations. <br />4. All required public notices regarding the proposed decision and the public hearing were given as <br />required. <br />5. Raton West requested a formal hearing regarding the Division's proposed decision in a timely <br />manner. <br />6. Raton West requested Basin Resources be restricted from crossing lot 3c/14 for access to other <br />exploration hole locations, though Raton West was not the owner of that property. <br />7. The owner of lo[ 3c/14 did not object to Basin's proposed exploration activity. <br />8. Section 34-33-110(2)(j) of the Act and Rule 2.03.6(3) specifically prevent the Board and Division <br />from adjudicating property rights disputes. <br />9. The concerns raised by Raton West regarding access by Basin Resources across surface lands are <br />property rights issues. <br />3 <br />