2006-08-02_PERMIT FILE - M2005080

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 8/2/2006
• Doc Name: Notice of Rebuttal Exhibits
• From: Attorneys for Applicant
• To: DMG
• Media Type: D
• Archive: No

STATE OF ~OLORl~DO
DIVISION OF MINERALS AND GEOLOGY
peparurent of Natural Resources
1313 5)rerman St., Room 215
Derwer, Colorado 80203
PFtorle 1303) 866.3567
FAX: [phone]
July 13, 2006
Mined Land Reclamation Board
c/o Tyson Powell
Assistant Attorney General
Colorado Attorney General's Office
1515 Sherman Street, 5`s Floor
Denver, Colorado 80203
COLORADO
DIVISION O F
MINERALS
GEOLOGY
RECIANATION•NININO
SAflTY•SCrlNC{
gill Ow~m
riOYMIIM
RusaeR George
FxecNlve Directp
RARaId w. catmny
Division Director
Natural Resource inASlee
RE: Case No. M-2005-080; Staff of the Division of Minerals and Geology's Response to
Applicant's Motion to Strike Certain Testimony of Objectors
Deaz Board Members,
The Division of Minerals and Geology (the "Division"), as staff to the Mined Land
Reclamation Boazd ("Board's would like to submit to the Boazd this response to the Applicant's
Motion to Strike Certain Testimony of Objectors ("Motion'.
A pre-heating conference was held in this case on June 15, 2006, at which time the
Applicant and Objectors exchanged exhibit and witness lists to be used at the Boazd heating, at
that time scheduled for July 12 and 13, 2006. The Objectors' witness list included Chris O'Dell,
an attorney who would testify regarding "his opinion concerning what mineral rights were
reserved on the Allen Pit site and the presence of gold within the gravel to be mined by the
applicant " The Applicant objects to Mr. O'Dell's testimony because the issue of ownership of
the minerals is outside the Boatd's jurisdiction, and because, as a practicing attorney, Mr. O'Dell
cannot testify concerning his ultimate legal conclusion concerning that ownership.
The Objectors' witness list also included objector Fred Wisely, who would testify
regarding "his knowledge of the mineral rights located on the proposed mining site and in the
vicinity of the site." The Applicant objects to Mr. Wisely's testimony because the issue of
ownership of the mineral rights is outside the Boazd's jurisdiction and therefore immaterial. The
Applicant further objects because Mr. Wisely's comments concerning ownership were untimely
submitted.
Under Rule 2.6 of the Mineral Rules and Regulations of the Colorado Mined Land
Reclamation Board for the Extraction of Construction Materials, and C.R.S. § 24-4-105(4), it is
within Board discretion to rule on the Motion. The Applicant correctly argues that it is not
Office of OfFlce of Colorado
Mused Larsd Reclamation Active and Inactive Mines Geological Survey