Laserfiche WebLink
<br />JURISDICTION AND VENUE <br />4. This Court has jurisdiction over this matter <br />pursuant to Constitutional provisions and statutes as follows: <br />(a) The First Claim for Relief is founded upon <br />§ 24-4-106, C.R.S. <br />(b) The Second Claim for Relief is founded upon <br />the Fourteenth Amendment of the United States Constitution and <br />Article II, Section 25 of the Constitution of Colorado. <br />5. Defendant MLRB is located in the City and County of <br />Denver, pursuant to C.R.S. § 24-4-106(4). Thus, venue is proper. <br />FACTUAL ALLEGATIONS <br />6. Battle Mountain is in the business of mining and <br />processing gold and silver. On November 11, 1988, Battle <br />Mountain filed a Section 112 Reclamation Permit Application, <br />Permit Application No. M-88-112 ("Application") with the Mined <br />Land Reclamation Division ("MLRD"). <br />7. The Application sought a permit by the MLRB for a <br />silver and gold mine and processing facilities, including a mill <br />and a cyanide heap leach. A heap leach is a multi-acre area <br />where a cyanide solution is perculated over heaps of low grade <br />gold ore solubilizing the gold and silver in the cyanide <br />liquid. The gold and silver-laden liquid is then proce~ased to <br />extract the precious metals. <br />8. Battle Mountain's proposed gold mine project will <br />be located on 2200 acres, approximately three miles nor=heast of <br />the town of San Luis, Costilla County, Colorado, on the western <br />slopes of the Sangre de Cristo Mountain Range ("Project"). <br />9. The MLRD is technical staff to the MLRB aid was <br />created pursuant to § 34-32-105, C.R.S. <br />10. The Colorado Mined Land Reclamation Act ('Act"), <br />§ 34-32-101, C.R.S. et seq., and MLRD rules and regulations <br />promulgated pursuant to § 34-32-108 C.R.S., set forth the type <br />of information each § 112 application shall contain and the <br />requirements an applicant must meet before the MLRB can approve <br />an application for a § 112 reclamation permit. MLRD Ru.Le 2 <br />-2- <br />