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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO DRAFT PREHEARING ORDER IN THE MATTER OF THE 112c AMENDMENT APPLICATION OF AGGREGATE INDUSTRIES-WCR, INC.; File No. M-2004-031 The Mined Land Reclamation Board ("Board"), through prehearing officer Jeff Graves ("PHO Graves") and pursuant to Rule 2.7 of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials ("Rules"), conducted a prehearing conference on October 3, 2016 in Denver, Colorado. The Board, having considered this order, as proposed by the PHO Graves, and having considered any subsequent objections or comments from the parties, hereby enters the following Prehearing Order for the captioned proceeding: I. BACKGROUND Aggregate Industries-WCR, Inc. ("Applicant") filed an application for Amendment No. 01 to its permit (AM-01) with the Division of Reclamation, Mining and Safety ("Division") on December 16, 2015 ("Application"). The Applicant submitted the Application to comply with a corrective action mandated by a Board order effective April 15, 2015 ("April 2015 Order"). At its regularly scheduled meeting on March 25, 2015, the Board presided over an enforcement hearing to consider possible violations committed by the Applicant at the Hazeltine Mine site. The Board concluded that Applicant had "failed to minimize the disturbance of ground water [sic] mounding to the prevailing hydrologic balance in the surrounding area" in violation of section 34-32.5-116(4)(h), C.R.S. As a corrective action, the Board ordered Applicant to provide a permanent groundwater mounding mitigation plan for Division review within ninety (90) days of the April 2015 Order. On July 20, 2015, the Applicant filed a permanent groundwater mounding mitigation plan as Technical Revision 05 ("TR-05"). The Division denied TR-05 on July 24, 2015. The Applicant filed a petition with the Board on August 24, 2015, requesting that the Board overturn the Division's denial of TR-05. At its regularly scheduled meeting on September 23, 2015, the Board convened a hearing on the Applicant's petition. The Board found that the permanent plan set forth in TR-05 "would impact groundwater and surface water at the site and the surrounding area" and, further, that permanently diverting groundwater and surface water into the reservoir constituted a significant change to the reclamation plan for the site, "which requires isolation of the reservoir from groundwater and surface water systems by virtue of the slurry wall." The Board concluded that the permanent plan proposed in TR-05 did not demonstrate that the Applicant was in compliance with section 34-32.5-116(4)(h), C.R.S. and Rule 3.1.6(1)(a). In an order effective October