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Objectors, along with a packet of materials discussing the purpose, format and procedures <br />of the pre-hearing conference, on August 13, 2003. The Division received a fax from the <br />Objector's attorney on August 27, 2003, indicating that he could not attend the.pre-hearing <br />conference. On August 28, 2003, the Division called the Objector's attomey and was <br />informed that he was not available, and would not become available on or before <br />September 2, 2003, the last possible date for rescheduling the pre-hearing conference. The <br />pre-hearing conference was not held because the Objectors' representative was not <br />available and did not participate. No pre-heating order was prepazed. <br />4. Colorado Mined Land Reclamation Boazd Construction Materials Rule 2.7.3(4) provides <br />in relevant part that "[a]ny party that does not attend the Pre-Hearing Conference forfeits <br />their party status and all associated rights and privileges ...." The Board finds that the <br />Objectors were provided sufficient notice of the Pre-Hearing Conference and were fully <br />informed of the consequences of failing to appeaz at the Pre-Hearing Conference. The <br />Board fitrther finds that reasonable attempts were made to accommodate the schedule of <br />the Objectors' attomey. The Boazd concludes that pursuant to Rule 2.7.3(4), due to the <br />Objectors' failure to appeaz at the Pre-Hearing Conference, the Objectors lost their party <br />status. <br />The Division has reviewed the contents of the Amendment Application and recommends <br />approval with the following condition: <br />A reportable spill is a spill of any toxic or hazazdous substance <br />(including spills of petroleum products) within the mined land <br />permit azea reportable to any Division of the Colorado Department <br />of Public Health and the Environment, the National Response <br />Center, the Colorado Emergency Planning Commission, any local <br />Emergency Planning Commission, local Emergency Planning <br />Committee, or the State Oil Inspector. The Mine Operator shall <br />notify the Division of Minerals and Geology (DMG) of a <br />