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DEC-11-03 11:56 FROIA-Colorado Division of fdinarals & Geology +13036663567 T-403 P.003/006 F-034 ~ec.ll. 2003 I1%13AM Caloia HauGt Hamilton PC ND,11984 P. 2 Received BEFORE TIIE MII~ED LAND RECLAMATION BOARD ~~~ }) 2003 STATE OF COLORADO Durango Field Office Is 8 Geology IN Tl~ MATTER OF FOUR STATES ACsGREGATES, LLC, PIT.E NO. M-2001-001 BOXNTON'S MOTION FOR REVISIONS TO THE PROPOSED PltE-IdEAR7NG ORDER Objector, MA1{li.'YN BOYNTON (`Boyatoa'~, by end through her attorneys, Caloia, Ploupt & Ilautilton, P.C., hereby submits this Motion £or Revisions to tho Proposed Pre-Hearing Order and raises her objections to the Proposed Pre-lieatiog Order as follows: l: The Mined Land Reclamation Board ("NI1.RB") held aPre-Hearing Conference in this matter oa October Z9, 2003 in Deaver. On November 21, 2003, the MLRB issued Proposed Pre-T3earing Order ("Proposed Qrder") memorializing the issues discussed at the Pre-Hearing Conference. This Proposed Order was ruailed to the parties oa November 26, 2003 (the Wednesday before Thanksgiving). Tha Proposed Order was faxed to counsel for Ms. Boynton at the end of business that day but was incomplete at that time. Thus, counsel for Ms. Boynton did not see a complete copy of the Proposed Order ttatil Monday, December 2, 2003. 2. The Proposed Order states that "If nay party has objections to the provisions of this proposed order, those objections must be raised by a timely Aaotioa to the Board or at the final heaxiag before the Board during the Board's deliberations.'" This Motion is submitted pursuant to this statement. The Mineral Rules and Regulations o'f the Mitred Land Reclamation Board for the Extraction of Constnrctioa Materials ("Coastructioa Rules' actually require that the proposed pre-heating order to be raai(ed to all parties "within ten (IO) working days of after the Pre-Pleating Conference." Ru[e Z.7.I(Z}, Due to the fact the Proposed Order in this instance was mailed to the parties nearly 30 days a13er Ure Pre-Hearing Conference, Ms. Boynton takes the position that this is a tiately motion. 3. ,. ~ In addition, the Proposed Order states that the Division of Minerals and Geology ("DMG") "shall not be a party, but shall participate in the Final Tlearing as staff to the Board." However, the Part IV, Paragraph 5 of the Proposed Order provides that the DMCr will have 15 minutes to make its preseatatioa. At the Pze-fearing Conference, it appears that the DMG indicated that it would be presenting all a£ its witnesses doting its rebuttal period The Proposed Order provides that the DMG will have 90 minutes for rebuttal after both the Applicant's rebuttal period end Ms. Boynton's rebuttal period If entitled to make a presentation at all, the DMG should be requixed to make its presentation during its presentation pe~.od, not rebuttal period, as set forth below. SDYN'rON Motion Cot r(evisinn8 m Pre.FTcating order