1997-06-13_REVISION - M1981302 (48)

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J � ` III IIIIIIIIIIIII III /0 999 RECEIVED BEFORE THE MINED LAND RECLAMATION BOARD JUN ] 3 t997 STATE OF COLORADO g;vlolvn at Mintitg;Y a dn0;0�y File No. M-81-302 AMENDED PRE-HEARING STATEMENT OF WESTERN MOBILE AND REQUEST TO AMEND PROPOSED NNE 9, 1997 PRE-HEARING CONFERENCE ORDER IN THE MATTER OF THE WESTERN MOBILE-DEEPE FARM PIT- RECLAMATION PLAN AMENDMENT REQUEST 02 Western Mobile, Inc. (Western Mobile),by and through its attorneys, Parcel, Mauro, Hultin & Spaanstra, P.C., is submitting this amended pre-hearing statement and request to amend the Proposed Pre-Hearing Conference Order. Western Mobile filed a pre-hearing statement prior to the June 5, 1997 pre-hearing conference as required in the proposed pre-hearing conference order sent to interested parties in this matter by the Division of Minerals of Geology ("Division") on or about May 21, 1997. Since the initial proposed pre-hearing conference order did not include any proposed statement of issues for consideration by the Board at the June 26, 1997 formal hearing, Western Mobile reserved the right to supplement and amend its June 5 pre-hearing statement subsequent to the June 5 pre-hearing conference. I. STATEMENT OF ISSUES IN PROPOSED PRE-HEARING CONFERENCE ORDER DATED JUNE 9. 1997 On June 9, 1997, the Board issued its post pre-hearing conference Proposed Pre-Hearing Conference Order("Order"). The Order outlines the following issues to be considered by the Board at the June 26, 1997 formal hearing in this matter. Issues identified for consideration by the Board include the following as set forth in the June 9, 1997 Order. 1. Whether the proposed changes to the berm, which have been styled as a Technical Revision("TR')and are not now included in the Amendment Application, properly constitute part of the Amendment and should be considered as part of the Amendment? 2. Whether the formal public hearing now set for June 26, 1997 should be continued and reset to include consideration of the proposed changes to the berm in conjunction with and as part of the Amendment? 3. Whether the Amendment conforms to the stated post-mining land use of wildlife and agriculture?