Laserfiche WebLink
4. The Applications fail to include a reclamation plan or a description of <br />environmental protection practices. <br />5. The Applications state that a trommel will be used to size and screen <br />ore, , jaw crushers will be used, and waste rock will be generated. Application P- <br />2011 -013 indicated ore will be cleaned using nitric and hydrochloric acids and waste <br />rock will be stored at the site. Application P- 2011 -016 indicated waste rock would <br />be generated but not stored at the site. <br />6. Applicant stated in his July 19, 2011 letter that he has "engaged <br />prospecting activities [at the site] since ... 1989." The site is a known deposit. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to sections 34- <br />32 -105 of the Colorado Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. <br />(2010) ( "Act "). <br />8. Under section 34 -32- 107(2), C.R.S., any person aggrieved by a final <br />action of the Division may file an appeal with the Board; such appeals to be <br />conducted in accordance with Article 4 of Title 24, C.R.S. <br />9. Under Rule 1.4.11(1) of the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for Hard Rock, Metal, and Designated <br />Mining Operations, 2 C.C.R. 407 -1 ( "Rules "), any person who demonstrates that he <br />is directly and adversely affected or aggrieved by a decision of the Office to deny an <br />application for a Notice of Intent and whose interest is entitled to legal protection <br />under the Act may petition for a hearing before the Board on such action within <br />sixty days of the date of the Office decision denying an application for a Notice of <br />Intent. The Applicant's petition was timely filed. <br />10. If the Division determines that the activities proposed in a NOI is <br />"mining" instead of "prospecting," the Division shall notify the person or <br />organization in writing and that any appeal of this determination shall follow the <br />procedures set forth in Rule 1.4.11. Rule 5.1.1(2). The Division provided proper <br />notice to the Applicant. <br />11. "Mining operation" means developing or extracting a mineral from its <br />natural occurrences on affected land and includes open mining, in situ mining, in <br />situ leach mining, surface operations, the disposal of refuse from underground <br />mining, transportation, concentrating, milling, evaporation, and other processing. <br />C.R.S. § 34- 32- 103(8); Rule 1.1(31). <br />Terry Winters /Spring Gulch Mining Co. <br />Bear Hug Site <br />P- 2011 -013 /P -2011 -016 <br />2 <br />