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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE NOTICE OF INTENT TO CONDUCT PROSPECTING <br />APPLICATIONS OF TERRY WINTERS AND SPRING GULCH MINING CO., <br />FILE NOS. P- 2011 -013 AND P -2011 -016 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on August 10, 2011, in Denver, Colorado for a hearing to consider the <br />administrative appeal by Terry Winters and Spring Gulch Mining Co. (collectively, <br />"Applicant ") of the decision of the Division of Reclamation, Mining, and <br />Safety ( "Division ") to deny Notice of Intent to Conduct Prospecting ( "NOI ") <br />applications P- 2011 -013 and P- 2011 -016 ( "Applications "). Jared Ebert appeared on <br />behalf of the Division of Reclamation, Mining, and Safety ( "Division "). Terry <br />Winters appeared on behalf of the Applicant. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. On May 25, 2011, Terry Winters and Spring Gulch Mining Co. filed <br />NOI application P- 2011 -013. Terry Winters filed NOI application P- 2011 -016 on <br />June 20, 2011. NOI applications P- 2011 -013 and P- 2011 -016 are in regard to the <br />same site. The site is located in Section 34, Township 3 South, Range 73 West, 6th <br />P.M., 2.5 miles west of Idaho Springs, Colorado in Clear Creek County. The site is a <br />proposed gold and silver mine, consisting of less than one acre, known as the Bear <br />Hug site. <br />2. The Division determined that the activities proposed in NOI <br />application P- 2011 -013 constitute mining rather than prospecting. Therefore, the <br />Division denied NOI application P- 2011 -013 on June 9, 2011. The applicant filed <br />NOI application P- 2011 -016 on June 20, 2011. The Division determined that the <br />activities proposed in NOI application P- 2011 -016 also constitute mining rather <br />than prospecting. Therefore, the Division denied NOI application P- 2011 -016 on <br />June 23, 2011. <br />3. On July 19, 2011, the Division received a letter from the Applicant <br />requesting a hearing on the Division's denial of NOI applications P- 2011 -013 and <br />P- 2011 -016. On July 20, 2011, the Division sent Applicant a letter stating that the <br />Board will consider its request for a hearing at the Board's August 10, 2011 meeting. <br />