No.

BACKGROUND

This issue arises in the context of the Mined Land Reclamation Board's issuance of a mining permit rider stipulating that an applicant must conduct a cultural resource survey on private land in order to comply with the Register of Historic Places Act, section 24-80.1-101 et seq., C.R.S. (1988), before mining activities can commence.

In 1993, the Moffat County Road Department applied for the issuance of a Reclamation Permit to engage in the mining of gravel at a privately owned site known as Cross Mountain Pit No. 1. This property is neither nominated to nor listed in the State…