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• III IIIIIIIIIIIIIIII • <br />999 <br />BEFORE THE COLORADO MINED LAND RECLAMATION BOARD <br />COLORADO DEPARTMENT OF NATURAL RESOURCES OCT IS IO 49 AM COI <br />DIVISION Of <br />PREHEARING STATEMENT AND ANSWER MINERALS U. CEOLOCY <br />IN THE MATTER OF REASON TO BELIEVE VIOLATIONS EXIST <br />PERMIT M-1978-052, MOBILE PREMIX CONCRETE, INC., <br />A SUBSIDIARY OF LAFARGE NORTH AMERCIA INC. <br />Under authority set forth at C.R.S. § 34-32,5-124(4) of the Colorado Reclamation <br />Act for the Extraction of Construction Materials and C.R.S. 24-4-105(2)(b) of the <br />Colorado Administrative Procedures Act, Mobile Premix Concrete, Inc., a Subsidiary of <br />Lafarge North America Inc. ("MPC"), by and through its counsel, Massey Semenoff <br />Schwarz ~ Bailey, P.C., is filing this Prehearing Statement and Answer pertaining to <br />certain Notices of Reason to Believe Violations Exist issued by the Colorado Division of <br />Minerals and Geology ("DMG") to MPC on July 18 and September 14, 2001. A public <br />hearing on the July 18 Notice was scheduled for the August 22, 2001 monthly meeting <br />of the Mined Land Reclamation Board ("Board" or "MLRB"). Prior to the hearing, DMG <br />confirmed that the notice of hearing had been defective. By letter to MPC dated August <br />24, 2001, DMG notified MPC that the hearing had been rescheduled for the Board's <br />October 17, 2001 monthly meeting in Canon City, Colorado. <br />As provided in C.R.S. § 34-32.5-124(4) and C.R.S. 24-4-105(7), DMG has the <br />burden of proving the allegations set forth in the two Notices. The record on review in <br />this case includes all documents in relevant DMG Howe Pit mined land reclamation <br />permit files, exhibits attached to this Prehearing Statement and Answer, and any other <br />materials, whatsoever, provided by DMG or any interested parry at, in advance of, or <br />otherwise made a part of filings associated with the adjudicatory hearing to be held <br />before the Board on October 17, 2001. <br />I. Summary Site and Permit Background <br />A. Mined Land Reclamation Board Permit <br />The Howe property that comprises a portion of the area presently covered by <br />Permit M-1978-052 was acquired by MPC in 1977 from Consolidated Rock Company <br />("CRC") and was previously known as the Gunners Mark Park Pit. CRC operated the <br />pit under Permit M-1973-5 from October 1974 until August 1976 when Adams County <br />became aware that CRC had mined outside the then approved permit area. <br />On October 10, 1977, MPC notified Adams County that it had purchased the <br />Howe property from CRC. In February 1978, MPC filed an application to amend the <br />CRC MLRB permit. See Permit M-1978-052. The permit expanded the mine area to <br />