PERMFILE48077

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 5/30/2006
• Doc Name: Motion for Continuance of Pre-hearing Conference
• From: MLRB
• To: DMG
• Media Type: D
• Archive: No

05/31/2006 11:22 7192751715
Received
CONST SERVICES BLDG ~~//'~ PAGE 02
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MAY 31 2006
aurar,go F~Id Of';ce
Division of tiiin^,~ls & Geology
RECE(fl~IED
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BEFORE THE MINED LAND RECLAMATION BOARD,
COLORADO DIVISION OF MINERALS AND GEOLOGY,
DEPARTMENT OF NATURAL RESOURCES
Board Address: 1313 Sherman Street, Room 318
Detrver, Colorado 80203
Applicant: Allen Drilling and Excavating Company, Inc.
Objectors: Robert White, Kent Rolf, Curt Sayer and permit Application No.:
Fred Wisely M-2005-080"
ATTORNEYS FOR OBJECTORS:
Harvey W. Curtis, #8,246
Sheela S. Stack, #32,768
Harvey W. Curtis & Associates
$310 South Valley Highway, Suite 230
Englewood, Colorado 80112 Phone: [phone]
firtn~curtis-1aw.com
/
MOTION FOR CONTINUANCE OF PRE-IIEARING CONFERENCE /
AND BOARD HEARING, OR IN THE ALTERNATIVE,
THAT THE APPLICATION BE DENIED
The Objectors, Robert White, Kent Rolf, Curt Sayer and Fred Wisely (collectively referred
to as "Objectors"), by and through their tmdersiDr red counsel, hereby submit the following Motion
for Continuance ofPre-Hearing Conference set for June 2, 2006, and of Board Hearing set £oz June
14 and 15, 2006, azid in support thereof state as follows:
1. According to the Mined Lazed Reclamation Board (fhe "Board") Rules and
Regulations, the Applicant must address al] applicable zequizeAnents of the Colorado Land
Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-10] et seq. (The
"Act"}, and the Minezal Rules and Regulations o£ the Mined Land Reclamation Board for the
Extraction of Construction Materials (the "Rules"). The Applicant has the burden of pzoving that
the application submitted to the Division of Minerals and Geology (the "DMG")meats the minimum
requirements of the Act and all applicable Rules and Regulations. Applicant has failed to do so.
2. As a first ground fox this motion, Rule 1.3(1) states that: "... all applications, public
notices, inspection reports, documents, maps, exhibits, cozrespondenee, tests, analyses, records of
action or findings of the Board oz Office and other information ... shall be pzonaptly made available
for inspection to any member of the public at the offices of the Office ..."