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STATE OF COLORADO <br />DIY/SION OF MINERALS AND GEOLOGY <br />pepalenent of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone- (303) 866-3567 <br />FAx: Ci03) 83b8106 <br />July 13, 2006 <br />Mined Land Reclamation Board <br />c(o Tyson Powell <br />Assistant Attorney General <br />Colorado Attorney General's Office <br />1515 Sherman Street, 5`" Floor <br />Denver, Colorado 80203 <br />COLORADO <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RFCLANATION•NININ6 <br />fAflTT•SCIENCF <br />aill owem <br />Govnnor <br />Russell Geolge <br />Fxecutive Oirecwr <br />Roruld W. Cottony <br />Division Director <br />Naturl Resauro: Trustee <br />RE: Case No. M-2005-080; Staff of the Division of Minerals and Geology's Response to Applicants <br />Motion to Identify Rebuttal Witnesses <br />Dear Board Members, <br />The Division of Minerals and Geology (the "Division"), as staffto 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 Rebuttai <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 lone 26, 2006, the Applicant submitted a Notice of Rebuttal <br />Witnesses which listed two additional rebuttal wifiesses. 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 Lune I5, 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 seq., 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 the Objectors will not object to 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 I5, 2006. <br />Sincerely, <br />David <br />Acting Director, Oftce of Mined Land Reclamation <br />cc: Harvey W. Curtis <br />Joseph G. Middleton <br />Tanya T. Light <br />Office of Dffice of Colorado <br />Mined Land Rttlamaaon Active and Inactive Mines Geological Survey <br />