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~^ • SHARP AND BARNEY LL~ <br />Attorneys and Counselors a[ Law <br />40l Lincoln Avenue <br />P.O. Box 774608 <br />Steamboat Springs, Colorado 80477 <br />THOMAS R. SHARP <br />PATRICK E. BARNEY <br />MARK E. STEINKE <br />PAULSACHS <br />December 1, 1994 <br />III IIIIIIIIIIIII III <br />999 <br />Telephone <br />(303) 679-7600 <br />FAX <br />(303) 879-8162 <br />RF(;F11/Ff; <br />Carl Mount <br />Sr. Environmental Protection specialist DEC 0 2 ~gg¢ <br />Division of Mineral and Geology <br />1313 Sherman Street, Room 215 Division nl minerals ii Geology <br />Denver, CO 80203 <br />RE: Register of Historic Places Act-Petition for <br />Declaratory Relief to Board of Mined Land <br />Reclamation <br />Dear Carl: <br />Enclosed are ten (10) copies of the Petition Of Moffat <br />County For Declaratory Order for submission to the Colorado Board <br />Of Mined Land Reclamation. The Petition requests that the Board <br />issue a Declaratory Order concerning the scope of the Register of <br />Historic Places Act, C.R.S. Section 24-80.1-101 through 108. A <br />controversy has arisen between Moffat County and the State <br />Historical Society, which is the agency charged with <br />administering the Act, concerning its scope. The Historical <br />Society has taken the position that agency actions which affect <br />properties not listed in the State Register of Historic Places <br />are subject to review and comment by the Historical Society. <br />Moffat County's Petition points out that the correct <br />interpretation of the statute would limit that review and comment <br />process under the Act to those situations where properties listed <br />in the Register, or nominated for inclusion in the Register, are <br />to be affected by an agency action. <br />With this letter, I am requesting that the Board hear Moffat <br />County's Request For Declaratory Order during its December <br />meetings to be held on December 14 and 15, 1994. Please note <br />that I have sent courtesy copies of this Petition to the Colorado <br />Historical Society, Division of Minerals and Geology and the <br />Office of the Attorney General. These copies were sent in order <br />