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STATE OF COLORADO <br />DIVISION OP MINERALS AND GEOLOG' permit #: Yom-CYO-b~v Confidental?: <br />Department of Natural Resources Class: ° _ Type-Seq.: <br />1313 Shannon st, Rtsom 215 From' i ' ! `l ~?:_J"Y3L~8 ` C O L O RA D O <br />Denver, Colorado 80203 ~ Doc. Name: ~~ '~ DIVISION o r <br />Phone: (303) 866-3567 i Doc. Date (if nn date stamp): - -p M I N S RA L S <br />FA%: (303) 832-0706 ~ Specialist: ~~b I /GCt~ ~~ d1'1 ~ G E O L O G Y <br />i 0.FCL~N0.TION•NINING <br />July 13, 2006 FAFETY•f CIFNCE <br />Mined Land Reclamation Board siitow«Is <br />Govemar <br />c/o Tyson Powell <br />Assistant Attomey General rneoutive o~«~ <br />Colorado Attomey General's Office Ronaldw Cottony <br />1515 Sherman Street, 5'h Floor Division Director <br />Denver, Colorado 80203 Natural Resource Trustee <br />RE: Case No. M-2005-080; Staff of the Division of Minerals and Geology's Response to Applicant's <br />Motion to Identify Rebuttal Witnesses <br />Dear Board Members, <br />The Division of Minerals and Geology (the "Division"), as staff to the Mined Land Reclamation <br />Board ("Board"), would like to submit to the Board this response to the Applicant's Motion to Identify <br />Rebuttal Witnesses. <br />On June 19, 2006, the above-named Applicant timely submitted a Motion to Identify Rebuttal <br />Witnesses, requesting leave to identify additional rebuttal witnesses to testify at the Board hearing, then <br />scheduled for July 12 and 13, 2006. On June 26, 2006, the Applicant submitted a Notice of Rebuttal <br />Witnesses which listed two additional rebuttal witnesses. Both the Applicant and the Objectors expressly <br />reserved their right to call any witnesses needed for rebuttal testimony in the witness lists they exchanged <br />at the pre-hearing conference held on June 15, 2006. Pursuant to the Mineral Rules and Regulations of <br />the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials, Rule 2.8.1, <br />and the State Administrative Procedures Act, C.R.S. § 24-4-01, et seg., every party to an administrative <br />proceeding has the right to submit rebuttal evidence. Also, an administrative agency may hear all <br />evidence that has probative value. C,R.S. § 24-2-105(7). <br />Moreover, on July 7, 2006, the Applicant and Objectors provided a written,joint stipulation <br />which stipulates that [he Objectors will not object [o the Applicant's rebuttal witnesses at the Board <br />hearing. Therefore, the Division believes that the Board has the discretion to hear rebuttal testimony from <br />both the Applicant and the Objectors, including rebuttal testimony of witnesses not specifically listed on <br />the parties' witness lists exchanged on June 15, 2006. <br />Sincerely, <br />David <br />Acting Director, Office of Mined Land Reclamation <br />cc: Harvey W. Curtis <br />Joseph G. Middleton <br />Tanya T. Light <br />Office of Office of Colorado <br />Mined Land Rxlamation Active and Inactive Mines Geological Survey <br />