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is located adjacent to Highway 119, approximately five miles east/southeast of the town <br />ofBlack 1 [awk, Colorado. 1'he site is known as the "MMRR Quarry?' <br />2. On November 9, 2004, the Applicant submitted a complete application to the Division for <br />a Section 112 Reclamation Permit. <br />3. Numerous objections were received during the initial public comment period. The <br />application was amended two additional times, and other entities fled objection letters <br />during those subsequent comment periods. Because objections were received during the <br />comment periods, the matter was set for a formal Board hearing pursuant to Construction <br />Materials Rule ("Rule") 1.7.4(2). <br />4. The $oard has jurisdiction over the parties and lhis matter pursuant to Sections 34-32.5- <br />104, 34-32.5-105 and 34-32.5-114 of the Colorado Land Reclamation Act for tiie <br />Extraction of Construction Materials, Section 34-32-5-101 et sey. C.R.S. (2005) ("Act's. <br />5. On November 21, 2005, a hearing officer appointed by the Boazd conducted a preheating <br />conference in Denver, Colorado pursuant to Rules 2.6 and 2.7. As a result of the <br />prehearingconference, the prehearingconference offeerprepazed a proposed preheating <br />conference order. In addition to the Applicant, parties who appeared at the prchcaring <br />conference included Gilpin County, I.I.. and L.M. Turner, I)ougtas Mountain Residents' <br />Association, Estella $. Leopold, Gity of Black Hawk, Silver Dollar Metropolitan District, <br />Black Hawk Gaming Association, and Slack HawklCentral City Sa~ritation District. All <br />other objectors failed to appeaz and thus lost their party status pursuant to Rule 2.7.3{4). <br />6. At the Formal Boazd Hearing on December l4, 2005, the Board approved the proposed <br />prehearing conference order with certain modifications, The Boazd was informed by <br />Sandra frown, the Board's preheating conference officer, that I.L. and L.M. Turner had <br />MMRR Board Order, M-2004-067 <br />