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~ ~: <br />Ctlbl <br />RECEIVED <br />~EFORE THE MINED LAND RECLAMATION BOARD ~~~ T ~ ZOOE <br />STATE OF COLORADO <br />Division of Mgerels end Geolosy <br />~ MOTION TO DISMISS KING MOUNTAIN GRAVEL, LLC's CONVERSION <br />CONSTRUCTION MATERIALS APPLICATION REGARDING P RMIT -1978- <br />FOR LACK OF SUBJECT MATTER JURISDICTION <br />IN THE MATTER OF THE RECONSIDERATION OF AN APPLICATION APPROVAL <br />FOR A SECTION 112 RECLAMATION PERMIT, KING MOUNTAIN SAND AND <br />GRAVEL, LLC, FILE NUMBER M-1978-314 <br />Sleeping Lion Ranch, LLC, d/b/a Bar-A-Ranch ("Bar-A-Ranch"), ER Ranch, LLC ("ER <br />Ranch"), and Egeria Park, LLC ("Egeria Park," and collectively with Baz-A-Ranch and ER <br />Ranch, the "Ranches"), respectfully move to dismiss King Mountain Gravel, LLC's ("Applicant") <br />Conversion Construction Materials Application Regazding Permit No. M-1978-314. As grounds <br />therefor, the Ranches state as follows: <br />INTRODUCTION <br />On November 22, 1978, the Colorado Mined Land Reclamation Boazd (the "Board") <br />issued a Development and Extraction Mining Permit (the "110 Permit") to Routt County (the <br />"Original Permittee") for the purpose of extracting sand and gravel (the "Gravel Pit") on a parcel <br />of land described as the S''/:, NW '/<, SE'/4, Section 14, township 1 North, Range 84 West of the <br />6`h P.M., Routt County, State of Colorado (the "Property"). Pursuant to the I10 Permit, the <br />Original Permittee was permitted to mine up to 9.9 acres. <br />On June 24, 1987, the Board, upon recommendation of the Division of Minerals and <br />Geology (the "DMG"), approved the transfer of the 110 Permit from the Original Permittee to <br />Frank W. Hewes ("Hewes"). Hewes operated the Gravel Pit under the 110 Permit until May <br />2004 when he sold the Property to Angus Investment, LLC. Angus Investment, LLC <br />subsequently leased the related mining operation to the Applicant. <br />Subsequent to that sale, on September 10, 2004, the Board approved a transfer of the 110 <br />Permit from Hewes to the Applicant. As a result of that transfer, and on that date, the Applicant <br />became the permitted operator of the Gravel Pit. Just two months later, on November 23, 2004, <br />King Mountain filed its Conversion Construction Materials Application (the "Permit Conversion <br />Application") with the DMG requesting to expand the permitted boundary area by approximately <br />3,400%, from 9.9 acres to 341 acres. There is no dispute that on the date that the Applicant <br />submitted its Permit Conversion Application, it had been operating the Gravel Pit under the 110 <br />Permit for no more than two months. <br />Thereafter, on March 15, 2005, the Board approved the Permit Conversion Application, <br />contingent on the Applicant's filing of a sufficient financial warranty under Rule 4.1(2) of the <br />w~°e - ozvosoioooom - zsaz n .i <br />