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<br />herein by this reference as if set out in full, that notice of "the Mined Land <br />Board Meeting" was given to the landowner as follows: <br />Mr. Halwyn Hall <br />South Star Route <br />Lyons, CO 80140 <br />5. Mr. Hall's correct address is: <br />Mr. Hallyn F. Hall <br />South Star Route <br />Lyons, CO 80540 <br />Thus, the address listed by Andesite is incorrect. <br />6. The Colorado Mined Land Reclamation Act, Article 32 of Title 34, <br />CRS 1973 as amended (hereinafter the "Act"1 provides in pertinent part: <br />(c) In addition [to notice by publication] the applicant shall mail <br />a copy of such notice immediately after first publication to all owners of the <br />surface rights of the affected land, to the owners of record of immediately <br />adjacent lands, and to any other persons who are owners of record that may be <br />designated by the board which might be affected by the proposed mining <br />operation. Proof of such notice and mailing, such as certified mail with <br />return receipt requested where possible, shall be provided the board and <br />become part of the application. Section 34-32-112(10)(c) CRS 1973 as amended. <br />7. Andesite has, at other times, sent communications to Mr. Hall by <br />certified mail, and such communications have been seasonably received. <br />Certified mail communication is, therefore, possible. <br />8. Mr. Hall never received statutorily required notice of the Mined <br />Land Reclamation Board permit proceeding. <br />9. Due to failure of Notice, Mr. Hall was deprived of his due <br />process rights to protest, comment and be consulted in the permit process. <br />10. The permit is a nullity, void and of no effect, and a new <br />permit must be obtained by Andesite if Andesite is to continue operations. <br />II. No Consultation Regarding Reclamation <br />11. Section 34-32-116(1)(k) CRS 1973 as amended, provides in <br />pertinent part: <br />On all affected land, the operator, in consultation with the <br />landowner where possible, subject to the approval of the board, shall <br />determine which parts of the affected land shall be reclaimed for forest, <br />range, crop, horticultural, homesite, recreational, industrial, or other uses, <br />including food, shelter, and ground cover for wildlife. <br />12. Mr. Hall has been available for consultation throughout the <br />-2- <br />,~ <br />