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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Deparhnent of Natural Resounss 1313 Sherman SL, Roam 215 Denver, Colorado 80203 Phone: 1303)6663567 FA%: (303) B32A106 July 13, 2006 Y I s 1 0 N O F IN RALS EOLOGY Mined Land Reclamation Board eillo~s c/o Tyson Powell coma Assistant Attomey General Russell Gepge Colorado Attorney General's Office Executive Dlreolx 1515 Sherman Street, 5t6 Floor Ronald w•litWlr Dlvisbn Dheoor Denver, Colorado 80203 Natuol Resotlnx rnnsae RE: Case No. M-2005-080; Staff of the Division of Minerals and Geology's Response to the Objectors' Objection to Hearing Date of July 12 or 13, 2006 and Motion to Continue and Set the Boazd Hearing in August, 2006, or, in the Altemative, Motion that the Application be Denied Dear Board Members, The Division of Minerals and Geology (the "Division"), as staff to the Mined Land Reclamation Board ("Board"), would like to submit to the Board this response to the Objectors' Objection to Hearing Date of July 12 or l3 and Motion to Continue and Set the Board Hearing in August, 2006, or, in the Alternative, Motion that the Application be Denied ("Motion"). On June 19, 2006, the Objectors submitted their Motion. They listed several grounds for continuing the hearing, or, in the alternative, denying the application, including the fact that the Applicant failed to provide notice of the application to the owner of record of the mineral rights of the affected land. This notice is required pursuant to Rule 1.6.2(e)(i) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials ("Rules" or "Rule"). If in fact the Applicant had failed to provide notice of the application to the owner of record of the mineral rights, the Division would not have been able to recommend approval ofthe application at the July 12 and 13, 2006 Board hearing. As to the other allegations contained in the Motion, Division review of the objections is ongoing, and any issues within the Division's jurisdiction will be thoroughly addressed within the permit application, or through permit conditions as appropriate. On July 7, 2006, the Applicant and Objectors provided a written, joint stipulation requesting in part that the July 12 and 13, 2006 hearing before the Board be continued until the August Board meeting. Rule 1.4. I (9) allows such requests, and the staff supports the joint stipulation. Sin rely, __._. / David e Acti hector, Office of Mined Land Reclamation cc: Harvey W. Curtis Joseph G. Middleton Tanya T. Light Office of Office of Colorado Mined land Reclamation Active and Inactive Mines Geological Survey