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_ ~~ ~~ <br />J <br />STATE OF COLORADO I61NED LAND P,ECLAMAi!DiJ DIVISIOhI <br />Colo. Cept. of Natural Re~curces <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />PERMIT NUMBER 17-141 <br />IN THE MATTER OF THE APPLICATION OF ANDESITE ROCK COMPANY <br />LANDOWNER'S STATEh1ENT OF ISSUES IN DISPUTE <br />LANDOWtJER hereby submits the following list of issues in dispute: <br />1. Was the notice given to the Landowner by Andesite in the 1981 permit <br />proceeding deficient? See 34-32-112(10)(c1, CRS 1973, as amended. <br />Regulations 2.22(5). See also Patterson v. Industrial Commission, 39 Colo. <br />App. 255, 567 P2d 385, 387 (1977). <br />2. Assuming that the notice was deficient, is the 1961 permit invalid? <br />See Cit and County of Denver V. Eggert et al ., Colo. 647 P2d 216 <br />(198 o y eve opment, nc. v. oar o ounty~ommissioners, 140 Colo. <br />95, 342 P2d 1032 195 <br />3. Must the Board deny this application? See 34-32-115(4)(a), (c1, <br />(g). Note: Applicant bears the burden of proof with respect to each of the <br />items set forth herein. MLRB Regulation 9.1. <br />4. Is the application incomplete (34-32-115(4)(a), CRS 1973, as <br />amended,) because: <br />a. It fails to adequately describe or explain why reclamation of 27 <br />acres of Niwot Soil Land should he reclaimed as cattle range land and not as <br />hay meadow? See 34-32-112(3), CRS 1973, as amended. <br />b. It fails to describe how the reclamation plan will rehabilitate <br />the affected land with respect to the Niwot Soils Area? See 34-32-112(3)(d), <br />CRS 1973, as amended. <br />c. P1LRB Regulation 2.12(4) requires the applicant to submit a mining <br />plan and states: . <br />"The mining plan shall supply the following information, correlated with <br />the affected lands, map(s) and timetables: ...(e) a timetable shall be <br />required to help describe the mining operation in terms of: <br />(i) An estimate of the periods of time which will be required for the <br />various stages or phases of the operation. <br />(ii) A description of the size and location of each area to be worked <br />during each phase. <br />-1- <br />