2000-06-16_PERMIT FILE - M2000002 (5)

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III IIIIIIIIIIIIIIII BEFORE THE COLORADO Iv1INED LAND RECLAMATION BOARD~E~E~VED - ~tl~T!~ tv~a~- APPLICANT'S PRE-HEARING STATEMENT OivisionofMinerals&GeolOgy CN THE MA T TER OF APPLICATION N0. M-2000-002, MOBILE PREMIX CONCRETE, INC. TANABE PROJECT Mobile Premix Concrete, Inc., a Subsidiary of Lafazee Corporation ("MPC"), by and through its counsel, Massey Semenoff Stem & Schwarz, P.C., provides the following Pre- Hearing Statement in regazd to /n the Matter of Application No. M-2000-002. The Pre-Hearing Conference in this matter was held on June 13, 2000 at the City of Commerce City's Administration Building pursuant to Construction Materials Rule 2.7. At the conclusion of the conference, the Pre-Heazing Conference Officer requested that the parties' Pre- Hearing Statements be filed with staff at the Division of Minerals and Geology ("DMG") and circulated to the other interested parties by the end of business on Friday, June 16, 2000. The Pre-Hearing Conference Officer also requested that the drafr Pre-Hearing Conference Order (drafr "Order") be supplied by DMG staff to the parties by the end of business on Friday, June 16, 2000. Aversion of the draft Order unsigned by the Pre-Hearing Conference Officer, was supplied to counsel for MPC by facsimile copy on Thursday afremoon, June 15, 2000. This Pre-Hearing Statement is therefore provided without the benefit of either MPC, or counsel for MPC, having had the opportunity to review an executed version of the draft Order. For this reason, MPC reserves the right to supplement this Pre-Hearing Statement and to provide the Mined Land Reclamation Boazd ("Boazd") additional evidence in the form of testimony and/or exhibits, as may be necessary, to effectively respond to the issues as they may be ultimately framed in the drafr Order executed by the Pre-Hearing Conference Officer. INTRODUCTION The Tanabe property consists of approximately 80 acres located southeast of the intersection of East 112' Avenue and Brighton Road in Section 10, Township 2 South, Range 67 West of the 6`" Principle Meridian in unincorporated Adams County, Colorado. The property is zoned by Adams County for agricultural and industrial uses (A-3 and I-1, see Adams Counry Zoning Regulation, Sections 3.210(3) and 3.410(9)). MPC is in the process of obtaining a Conditional Use Permit ("CUP") from Adams County to authorize sand and gravel mining and reclamation on the Tanabe Property. In addition to the substantive azguments against the objections set forth below, each of the objections is flawed from a procedural standpoint since, either in whole or in part, each was only made after the close of the public comment period on Mazch l4, 2000 and subsequent to the 5-day period allotted after the informal conference for the objectors to submit written comments (i.e., April 3, 2000).