PERMFILE66536

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 7/13/2006
• Doc Name: Motion to Identify Rebuttal Witnesses
• From: DMG
• To: MLRB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
DeparBnmt of Natu21 Resources
1313 Sherman SL, Roan 215
Denver, Colorado 80203
Phase: (303) 8663567
FAX [phone]
July 13, 2006
Mined Land Reclamation Boazd
c/o Tyson Powell
Assistant Attorney General
Colorado Attorney General's Office
1515 Sherman Street, 5`s Floor
Denver, Colorado 80203
JLORADO
VISION O P
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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 Boazd Members,
The Division of Minerals and Geology (the "Division"), as staff to the Mined Land
Reclamation Board ("Board") would like to submit to the Boazd this response to the Applicant's
Motion to Strike Certain Testimony of Objectors ("Motion").
A pre-hearing 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 Board hearing, at
that time scheduled for July 12 and 13, 2006. The Objectors' witness list included Chris O'Dell,
an attorney who would testify regazding "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 Boazd's jurisdiction, and because, as a practicing attorney, Mr. O'Dell
cannot testify conceming his ultimate legal conclusion concerning that ownership.
The Objectors' witness list also included objector Fred Wisely, who would testify
regazding "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-] 05(4), it is
within Board discretion to rule on the Motion. The Applicant correctly argues that it is not
Office of Office of Colorado
Mined Wnd Reclamation Active and Inactive Mines Geological Survey