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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado a0203 Phone: (303) 8663567 FAX: (303) 832106 July 13, 2006 JLORADO VISION O F INERALS EOLOGY f~f ETT•f CIENCE Mined Land Reclamation Board Bill ownn c/o Tyson Powell co~rernw Assistant Attorney General Ru:xii cErrr®e Colorado Attorney General's Office Executive Director 1515 Sherman Street, 5th Floor Rauldw•camnr Denver, Colorado 80203 Division Director Naturel Resource Truax RE: Case No. M-2005-080; Staff of the Division of Minerals and Geology's Response to the Objectors' Objection to Hearing Date of July 12 or 13, 2006 and Motion to Continue and Set the Board Hearing in August, 2006, or, in the Alternative, Motion that the Application be Denied Dear Board Members, The Division of Minerals and Geology (the "Division"), as staff to the Mined Land Reclamation Board ("Board"), would like to submit to the Board this response to the Objectors' Objection to Hearing Date of July 12 or 13 and Motion to Continue and Set the Board Hearing in August, 2006, or, in the Alternative, Motion that the Application be Denied ("Motion"). On June 19, 2006, the Objectors submitted their Motion. They listed several grounds for continuing the hearing, or, in the alternative, denying the application, including the fact that the Applicant failed to provide notice of the application to the owner of record of the mineral rights of the affected land. This notice is required pursuant to Rule 1.6.2(e)(i) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials ("Rules" or "Rule"). If in fact the Applicant had failed to provide notice of the application to the owner of record of the mineral rights, the Division would not have been able to recommend approval of the application at the July 12 and 13, 2006 Board hearing. As to the other allegations contained in the Motion, Division review of the objections is ongoing, and any issues within the Division's jurisdiction will be thoroughly addressed within the permit application, or through permit conditions as appropriate. On July 7, 2006, the Applicant and Objectors provided a written, joint stipulation requesting in part that the July 12 and 13, 2006 hearing before the Board be continued until the August Board meeting. Rule 1.4.1(9) allows such requests, and the staff supports the joint stipulation. Sin rely, _._. David e Acti hector, Office of Mined Land Reclamation cc: Harvey W. Curtis Joseph G. Middleton Tanya T. Light Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey