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Defendant Steven K. Mulliken, in his capacity as Co-Trustee of the Barbara <br /> Ingersoll Marital Trust established by the Amended and Restated Trust Agreement <br /> of Harold C. Ingersoll Revocable Trust dated August 11, 2008 ("Ingersoll"), by <br /> and through its attorneys, Mulliken Weiner Berg & Jolivet P.C., respectfully <br /> submits this Answer Brief:' <br /> I. ISSUE FOR REVIEW <br /> Did the Colorado Mined Land Reclamation Board properly deny Transit <br /> Mix Concrete Co.'s application for a 112c construction materials reclamation <br /> permit? <br /> II. STATEMENT OF THE CASE <br /> The Colorado Mined Land Reclamation Board ("the Board") properly <br /> denied Transit Mix Concrete Co.'s ("Transit Mix") application for a 112c <br /> construction materials reclamation permit for three reasons. First, the application <br /> was incomplete because Transit Mix failed to show the source of the legal right to <br /> enter and initiate a mining operation on all affected land. Second, the Application <br /> failed to demonstrate to the satisfaction of the Board that Transit Mix would <br /> minimize the impact of the proposed Quarry on the prevailing hydrologic balance <br /> of the proposed affected land, the surrounding area, and the quality and quantity of <br /> ' The administrative record consists of 9,201 Bates-stamped pages including <br /> hearing transcripts. Citations to the record herein are indicated by "R. at [page <br /> number(s)]." <br /> 4 <br />