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<br />L <br />RECONSIDERATION OF III IIIIIIIIIIIII III q pERMIT APPROVAL <br />Presentation Form <br />GENERAL INFORMATION <br />Inspection Date: N/A File No.: M-98-058 <br />Operator: Johnson Excavation Inc. Land Owner: Luke & Caroline Tellier <br />Commodity: Sand & Gravel County: Routt <br />Method of Mining: Conventional Excavation <br />DISCUSSION ITEM <br />Consideration of the Board to grant or deny the Objectors written petition For the Board to reconsider approval of <br />the 112 Permit Application. <br />REGULATIONS <br />2.9 Reconsideration of Board Decisions <br />2.9.1 (1) Any party to a hearing may petition the Board to reconsider its decision. <br />(2) Such petitions must set forth a clear and thorough explanation of the grounds justifying <br />reconsideration. <br />2.9.2 Petitions must be submitted to the Office within ten (10) working days of the receipt, by the Petitioner, of <br />the Board's written decision. <br />2.9.3 The Board may grant or deny the petition based solely on the written submittal, or the Board may, in its <br />discretion, grant the Petitioner an opportunity to present oral arguments. <br />PERMIT APPLICATION HISTORY <br />• July 29, 1998 Johnson Excavating Company's Tellier Gravel Pi[ 1 ] 2 New Application vas found complete <br />for purposes of filing. <br />• September 21-22, 1998 Division received objection letters from Diane & Thane Anderson and David & Janet <br />Bradley. <br />• September 24, 1998 DMG adequacy letter. <br />• October 20, 1998 Informal Conference held in Steamboat Springs. Additional comments from Anderson and <br />Bradley submitted on October 23-24, 1995. <br />• October 23, 1998 Operator responds to adequacy letter & Objectors comments. <br />• November 9, 1998 Division issued recommendation for approval (responded to Objectors comments). <br />• December 1, 1998 Pre-Hearing Conference in Steamboat Springs, Colorado. <br />• December ] 6. 1995 Board Hearing; Objectors are not present a[ the Board Hearing. Division presents letter <br />from Diane & Thane Anderson in their absence. MLRB orders that Johnson Excavation, Inc. Tellier Gravel <br />Pit be approved. <br />• January 6, 1999 Diane & Thane Anderson request [o MLRB that Board reconsider their decision concerning <br />the approval of the Tellier Gravel Mine. <br />• January 19, 1999 Operator responds to Anderson's petition for the Board to reconsider permit approval of the <br />Tellier Gravel Mine. <br />