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~ III IIIIIIIIIIIII III STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Town of Crested Butte ) BOARD ORDER P.O. Box 39 ) Crested Butte, CO 81224 ) TO: The Town of Crested Butte and all persons engaged in or owning or controlling the following operation: Mountain View Pit located in SE SW SW Section 2, T14S, R68W, 6th P.M., Gunnison County. FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 24-4-105, the Board hereby makes the following findings of fact: 1. On January 25, 1995, the Board conducted a Formal Public Hearing to consider a petition by the Town of Crested Butte for a Declaratory Order. 2. Evidence was presented to the Board during that hearing in the petition, signed by William V. Crank, Town Manager for the Town of Crested Butte, and by Mr. Crank before the Board that the pushing of material across the west boundary of the Mountain View Pit from the adjacent state highway right-of-way was not an activity that required a state reclamation permit. BOARD ORDER Based upon these same findings of fact and in accordance with Rule 2.5 of the Mineral Rules and Regulations, the Mined Land Reclamation Board finds that the pushing of material across the west boundary of the Mountain View Pit (Permit M-81-002) from the adjacent state highway right-of-way for reclamation use at the Mountain View Pit, as described in the petition submitted by the Town of Crested Butte (attached) and by Mr. William V. Crank representing the Town of Crested Butte before the Board, to be an activity not requiring a state reclamation permit. Persons concerned with judicial review of the provisions of this Order are advised to consult C.R.S. 24-4-106, as amended. ti ~S Dated at Denver this4~"1 day of ~C,z~ , COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES `~ MICHAEL B. L NG, irector Division of Minerals and Geology MBIJbjw