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<br />;DECEIVED HARD ROCK 110 OPERATION <br />REQUEST FOR ADMINISTRATIVE APPEAL <br />~jAK p ~ 2000 MLRB Presentation Form <br />February 23, 2000 <br />Division of Minerals & GeowgY <br />GENERAL INFORMATION <br />~,~ y <br />_ .,. ~.o c~^d <br />~.e :.:: own ~e~~~ /~r 1~4 ~~ <br />File No.: M-1999-074 Operation: Brown Derby Mine <br />Permittee: Precious Offerings Minerals Exchange, Inc. Permit Type: 110(2) <br />Operator: Precious Offerings Minerals Exchange, Inc. Acreage: 0.5 <br />Commodity: Tourmaline & Lepidolite County: Gunnison <br />Existing Bond: S1,919 Adequate?: Yes <br />Method of Mining: Underground Drill & Blast Specialist: Wally Erickson <br />ADMINISTRATIVE APPEAL <br />On December 16, 1999, staff received a request for administrative appeal of our October 20, 1999 <br />approval decision and permit issuance for the Brown Derby Mine application. The request for appeal <br />was submitted in accordance with Rule 1.4.7, by Robert E. Wright, Jr., attorney for David J. McLain <br />and LaDonna J. McLain. The request for administrative appeal asserts that right of entry has not <br />been granted to the operator of the Brown Derby Mine, for the portions of the pre-existing access <br />road located on lands owned by David and LaDonna McLain. <br />The portions of the pre-existing access road, located on lands owned by the McLain's and subject of <br />this request for administrative appeal, do not appear to be defined by Rule 1.1(4) as "affected land" <br />and are therefore trot included within the permit boundary. However, permit documents describe the <br />referenced route as the access route to the permit area. <br />A Pre-hearing Conference occurred on February 11, 2000. Mr. W.T. Cohan presided as Pre-hearing <br />Conference Officer. <br />STAFF RECOMMENDATION <br />Uphold the previous approval decision without modification to the permit because the Board is only <br />approving activities located within the permit boundary. The portions of the pre-existing access route <br />located beyond the approved permit boundary and not affected by the mining operation, do not <br />appear to be addressed by the Act and Rules. C.R.S. 34-32-103(1.5) and Rule 1.1(4). <br />