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104. The land in question is not within the boundaries of any park and recreation district. It is public land <br />and is managed under a multiple use policy that includes recreational use. Therefore, C.R.S. § 34-32.5- <br />115(4)(f)(III) does not apply. <br />105. The same objector identified several other subparagraphs under C.R.S. § 34-32.5-115 <br />(4)(f) as the basis upon which to deny this application. He identified subparagraph II, which prohibits <br />mining operations "within the boundaries of any recreational facility established pursuant to article 7 of <br />title 29 C.R.S." He also identified subparagraph N, which prohibits mining operations within "any <br />unit of ....any state recreational area in which the entire fee estate is owned by the state of Colorado. . <br />." This objector also noted that portions of the proposed permit area were "under consideration for the <br />Colorado Natural Heritage Program." <br />106. Neither of the above-identified subparagraphs apply to the proposed permit area. None of the proposed <br />permit area is within a "recreational facility" as defined under article 7 of title 29 C.R.S. because such <br />facilities must be designated and run by the appropriate city or county, and no evidence was presented <br />that the City or County of Pueblo has designated any of proposed permit area as a recreation facility. <br />Nor is any of the proposed permit area within "any unit ... of any state recreational area". At one time <br />portions of the proposed permit area, which is owned by the state of Colorado and managed by [he <br />Colorado State Land Board (Land Board), was subject to a lease between the Land Board and the <br />Colorado Division of Wildlife (DOW) for hunting purposes, but the Land Board has withdrawn those <br />portions of the proposed permit area from the lease. Also portions of the Board-managed area within <br />[he proposed permit area were under consideration for inclusion within the Stewardship Trust areas <br />established by amendment 16 to the Colorado Constitution. However the Land Board decided not to <br />include those lands within the Stewardship Trust. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board orders that the application for File No. M- <br />2002-004 is hereby approved, with the Following special conditions to be incorporated into the permit: <br />15 <br />