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and use the Subject Property had been terminated. The Estate further requested that <br />DRMS not authorize the NOI given the fact that Eagle and its assigns could not legally <br />enter and use the Subject Property. A copy of the Estate's letter is attached as page 2 of <br />Exhibit G. <br />9. On January 6, 2012, DRMS sent its conditional approval of the NOI to <br />Alma, with a copy to Lewicki and the Estate. The approval was conditioned upon the <br />DRMS receiving the financial warranty amount of $10,000 from Eagle. Further, the <br />DRMS's approval attached a copy of the Estate's December 16, 2011 comment letter and <br />also noted a condition in the NOI requiring that any prospecting be conducted in <br />accordance with all applicable local, state, and federal laws. See Exhibit G. <br />10. This timely appeal now seeks Board review of the NOI approval and <br />requests the Board to promptly terminate the NOI. <br />III. The Estate's Right to Appeal Approval of the NOI <br />11. The Board's hard rock mining regulations authorize alternative appellate <br />processes for an affected person to seek Board review of an NOI approval. See generally <br />2 C.C.R. 407 -1 R. 1.4.11(1) & R. 5.1.3(d)(II). <br />12. Any "person who filed a timely comment and who meets the definition of <br />a party may appeal an Office determination within five (5) business days from the date <br />the office sends notice of its decision. " 2 C.C.R. 407 -1 R. 5.1.3(d)(II). A party is defined <br />as "a person who demonstrates that he /she /it is directly and adversely affected or <br />aggrieved by the conduct of a mining operation, proposed mining operation, or an order <br />of the Board and whose interest is entitled to legal protection" under the Colorado Mined <br />Land Reclamation Act, C.R.S. sections 34 -32 -101 et seq. ( "Act "). 2 C.C.R. 407 -1 R. <br />1.1(38.1). <br />13. Alternatively, any person adversely affected or aggrieved by an action of <br />the Office and whose interest is entitled to legal protection under the Act, may petition <br />for a hearing before the Board within thirty days of the Office's action. 2 C.C.R. 407 -1 <br />R. 1.4.11(1). <br />14. The DRMS- approved prospecting activities will adversely affect legally <br />cognizable interests held by the Estate. Specifically, the NOI permits prospecting <br />activities that include rehabilitating shafts, drilling test wells, and excavating adits, as <br />well as searching for, extracting, and investigating a mineral deposit on the Estate's <br />property by Eagle (or its assigns), who are third - parties who hold no current or future <br />legal interest in the property. <br />15. The Act and the Colorado and United States Constitutions protect the <br />Estate's legally cognizable interests in excluding unauthorized persons from entering and <br />4 Office is defined as "the Office of Mined Land Reclamation within the Division of Reclamation, <br />Mining and Safety." 2 C.C.R. 407 -1 R. 1.1(33). <br />3 <br />