PERMFILE126564

• Permit No: M1999074
• IBM Index Class Name: Permit File
• Doc Date: 10/22/1999
• Doc Name: ADMINISTRATIVE APPEAL OF DMGS APPROVAL DECISION BROWN DERBY MINE PN M-99-074
• From: DMG
• To: DAVE MCLAIN
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Deparlmenl of Natural Resources
1313 Sherman SL, Room 215
Dem•er, Colorado 80203
Phone: [phone]
FAX: [phone]
October 22, 1999
Dave Mclain
5866 County Road 76
Partin, CO 81239
G~re-r>=_ ~F
999
DIVISION OF
MINERALS
DER9i/Et3 ®FFICE
PUDLIC FILE C®G~Y
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RE: Administrative A RECEIVEp
ppeal of DMG's Approval Decision,
Brown Derby Mine, Permit No. M-99-074. U;,}" ~ ~~ o00
1.,,,,,
Division of Minerals $ Geology
Dear Mr. Mclain:
GEOLOGY
RECLAMATION
MI NING•SAFETY
Bill Owens
Governor
Greg E Watcher
Executive Director
Michael B. Long
Division Director
Thank you for calling the Colorado Division of Minerals and Geology (DMG) Durango Office
on October 22, 1999, and informing DMG of your concerns regarding legal right of entry
for the Brown Derby Mine. During our phone conversation, you indicated that portions of
the existing access road are located on lands owned by yourself, and that your records do
not indicate that the operator of the Brown Derby Mine has legal right of entry for the road
portions located on your property.
The Colorado Mined Land Reclamation Act, 34-32-101 gt Q0.•, C.R.S. (the "Act"1, and the
Hard Rock/Metal Mining Rules and Regulations of the Colorado Mined Land Reclamation
Board (the "Rules") require that reclamation permit applications provide a description of the
basis for legal right of entry to the site and to conduct mining and reclamation. Legal right
of entry to the Brown Derby Mine was described within the permit application by providing
copy of the mining claim deed. Legal right of entry for the Brown Derby Mine access road
was described by providing copy of documents indicating right of way or right of entry
being acquired prior to May 1, 1944, under the US Department of the Interior -Bureau of
Mines access road project 481-Colorado DA-RM-97.
On October 20, 1999, DMG staff determined that the Brown Derby Mine reclamation
permit application satisfied the minimum requirements of the Act and Rules, and therefore
approved the permit application. However, should you disagree with DMG's determination
you may submit a request for administrative appeal, as provided by Rule 1.4.7.
1.4.7 Administrative Appeal -Limited Impact 110 and 110d Operations
Any person aggrieved, by any final action of the Office, may file an appeal of such action
before the Board within sixty (601 days of the date of the Office decision (such hearings
before the Board shall comply with this Rule and the State Administrative Procedures Aci,
Section 24-4-105 and 106, C. R. S.I. The Request for Administrative Appeal must specify the
application number assigned by the Office and all factual and legal questions which the
Applicant wishes to have the Board decide.
COLORADO