2025-04-11_REVISION - M2003001 ‎(11)‎

• Permit No: M2003001
• IBM Index Class Name: Revision
• Doc Date: 4/11/2025
• Doc Name: Notice of Formal Hearing
• From: DRMS
• To: BURNCO
• Type & Sequence: AM1
• Email Name: NCG
• Email Name: JLE
• Media Type: D
• Archive: No

Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106
Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov
Jared S. Polis, Governor | Dan Gibbs, Executive Director | Michael A. Cunningham, Director
April 11, 2025

RE: Notice of Pre-Hearing Conference and Formal Board Hearing for a 112c
Reclamation Permit Amendment Application with Objections, Nissen Farm
Resource, Permit No. M-2003-001

Dear Party and/or Interested Person:

The Division of Reclamation, Mining and Safety (Division) appreciates you taking the time to
participate in the review process of the above referenced permit application. The amendment
application for the Nissen Farm Resource (Application) was filed with the Division on October
21, 2024, by BURNCO Colorado, LLC.

The Division received one timely objection letter on the Amendment signed by multiple parties.
Therefore, pursuant to Rules 1.4.9(2)(a) and 1.7.4(2), the Division has scheduled the
Application for consideration by the Colorado Mined Land Reclamation Board (Board).

The Division’s authority is limited to enforcement of the Colorado Land Reclamation Act for the
Extraction of Construction Materials, 34-32.5-101, et seq., C.R.S. (Act) and the Mineral Rules
and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of
Construction Materials (Rules). Copy of the Act and Rules are available through the Division’s
website, specifically at https://drms.colorado.gov/rules-and-regulations.

Pre-Hearing Conference:

The Pre-Hearing Conference will be held to describe the Division’s review process, to explain
the rights and responsibilities of parties, to discuss and resolve issues to the extent possible, to
describe the Board Hearing process, to propose a list of issues under the Board’s jurisdiction, to
simplify that list, and to identify parties. The Board has appointed Jason Musick to preside as
the Pre-Hearing Conference Officer.

In preparation for the Pre-Hearing Conference, all parties are strongly recommended to review
Rules 2.6 and 2.7. At the Pre-Hearing Conference, all parties must provide the Division with an
electronic copy of potential witnesses and exhibits for the Board Hearing. Pursuant to Rule
2.6(2)(a), the list must include each witness name, current address, and phone number, area of
expertise (if an expert witness), and the subject matter of the testimony.

Pursuant to Rule 2.6(2)(b)(i), for any materials not already in the Division’s public files, all
parties must provide complete copies of any exhibits for the Board Hearing.