2022-06-08_PERMIT FILE - M2021009 ‎(2)‎

• Permit No: M2021009
• IBM Index Class Name: Permit File
• Doc Date: 6/8/2022
• Doc Name: Pre-Hearing Order ‎(Draft)‎
• From: DRMS
• To: Parties to the Application
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
DRAFT PREHEARING ORDER
IN THE MATTER OF THE APPLICATION OF YOUNG RANCH RESOURCE, LLC FOR A 112c
CONSTRUCTION MATERIALS RECLAMATION PERMIT, File No. M2021009
The Mined Land Reclamation Board ("Board"), through prehearing officer Susan
Burgmaier ("PHO Burgmaier"), 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 June 6, 2022.
DRMS staff participated in person; all objectors participated virtually. The Board,
having considered this order, as proposed by PHO Burgmaier, and having considered
any subsequent objections or comments from the parties, hereby enters the following
Prehearing Order for the captioned proceeding:
I. BACKGROUND
On May 17, 2021, Young Ranch Resource, LLC ("Applicant") filed an application
with the Division for a 112c construction materials reclamation permit, file number
M2021009 ("Application"). During the required period of notice of the Application
filing, the Division received forty timely objections. On May 17, 2022, after issuing
four adequacy reviews, the Division of Reclamation, Mining and Safety ("Division",
"DRMS") issued its rationale and recommendation to approve the Application.
II. FORMAL PUBLIC HEARING
The Formal Public Hearing on this matter (unless noticed otherwise) will occur
during the Board's regularly scheduled meeting on June 22-23, 2022, beginning at
9:00 a.m. or as soon thereafter as the matter can be considered.
The Formal Public Hearing in this matter concerns whether the Board should grant
or deny Applicant's reclamation permit application in accordance with the Colorado
Land Reclamation Act for the Extraction of Construction Materials (Article 32.5 of
Title 34, C.R.S.; the "Act") and the Rules. The Board's resolution of this matter,
including findings of facts and conclusions of law, will be based on the Board's
review of the Application, testimony presented by the parties and Division at the
hearing, and exhibits the Board admits into the record at this hearing.
In this matter, the Applicant bears the burden of proving that the Application
meets the requirements set forth in the Act and Rules. If the Applicant meets this
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