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MLRB Presentation Form Page 3 File Na. M-2001-001 Line Camp Pit CONDITION 2 A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of Minerals and Geology (DMG) of a reportable spill within the mined land permit area using the same timeframe required by the permit, license, notice, statute, rule or regulation governing the reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be FAXed to: Minerals Program Supervisor, Division of Minerals and Geology, FAX (303) 832-8106. The FAX shall include acall-back number of a responsible company official for DMG staff to use as a contact. INTRODUCTION On May 23, 2001, the Board considered the Line Camp Pit application and approved the application over objections. On June 18, 2001, the DMG approved the $92,000 financial warranty and issued the permit. Pursuant to the August 11, 2003 District Court Order for Case No. 01 CV3425, the Court remanded the case back to the Board for a recorded Pre-Trial Hearing and a rehearing of the Final Hearing wherein the objections by the Plaintiffs are addressed. Therefore, on October 29, 2003, the Board conducted aPre-hearing Conference. The Pre-hearing Conference was recorded. The Proposed Pre-hearing Order, generated from the Pre-hearing Conference was signed by the Board Chair on November 11, 2003 and mailed to counsel for Four States Aggregates and to counsel for Marilyn Boynton. Ms. Boynton is the only remaining plaintiff for District Court Case No. 01 CV3425. On December 10, 2003, DMG issued its recommendation to approve the Line Camp Pit application over the objections raised by Ms. Boynton. On December 12, 2003, DMG issued its recommendation to approve the Line Camp Pit application with conditions. DMG's modified recommendation to approve with conditions resulted from newly submitted information from Four States Aggregates. DMG considered all issues raised by the objecting party in its review process. DMG has prepared three findings documents, titled Rationale for Approval Recommendation, dated May 8, 2001, and Staff Recommendation to Approve, dated December 10, 2003, and Staff Recommendation to Approve with Conditions, dated December 12, 2003, which are in the permit application file and which have been previously provided to all parties and Board members. The findings documents contain detailed explanation of the grounds for DMG's recommendation to approve the application over the objections filed with the Office. The findings documents provide a detailed response to the issues raised by the objections. Additionally, DMG has responded to complaints from Ms. Boynton subsequent to the May 2001 hearing. DMG's June 8, 2001 correspondence provides additional clarification for the issues raised by Ms. Boynton. During the review period, all public notice requirements were followed, and all public meetings and conferences were held as provided in the Rules and required by District Court Order for Case No. 01 CV3425.