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of cO~o <br />~w ~P <br />yew 90 <br />~v <br />~ 1876 x <br />KEN SALAZAR <br />AROmey General <br />DONALD S. QUICK <br />Chief Deputy Attorney General <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver Colorado 80203 <br />Phone 303 866-4500 <br />FAX 303 866-5691 <br />ALAN J. GILBERT <br />Solicitor General <br />August 5, 2004 <br />Michael Ptasnik <br />4815 S. Vine St. <br />Englewood, CO. 80113 <br />RE: Platte Sand & Gravel, S & H Mine, Permit Amendment Application Hearing <br />Deaz Mr. Ptasnik: <br />I represent the Division of Minerals and Geology in this mater, and Erica Crosby has asked me to <br />respond to your letter dated August 3, 2004, requesting that you be allowed to participate in the <br />August 24-25 Board hearing on Platte Sand & Gravel's permit amendment hearing. As you <br />acknowledge in your letter, you failed to attend the pre-hearing conference on this amendment <br />application. Under Rule 2.7.3(4) of the Construction Materials Rules, 2 CCR 407-4, your failure <br />to attend the pre-hearing conference or provide a fully executed proxy authorization caused you <br />to lose your party status. This means that you will not be allowed to give testimony, cross <br />examine witnesses or provide your own witnesses or documents as evidence in this hearing. <br />You may, however, still be allowed to participate as a member of the general public during the <br />public comment period of the hearing. Alternatively, you can petition the Mined Land <br />Reclamation Boazd (Board) to allow you to participate as a party. Be advised however, that any <br />decision by the Board to allow you to participate as a party is entirely discretionary with the <br />Boazd, and the Board must consider any prejudice suck participation might engender to the <br />applicant or other parties. Such a petition should be copied to the permit amendment applicant <br />and other parties to the hearing, and if you intend to present witnesses or provide documentary <br />evidence, the names of the witnesses, a summary of their proposed testimony, and copies of all <br />documents you wish to introduce should be provided to the other parties, including the Division <br />along with your petition. The petition should be submitted to the Board as much in advance of <br />the hearing as possible. <br />Permit Number Q- _S.OL( <br />Class: OPermi( <br />Section/Exhibit <br />Class~~ftevision _._._._._._._._..,._._. _._._._. _._._._._. _._._._._._i <br />~_ TYPe/Seq : i <br />-D I___._.___._._._______._.___._____._._. <br />Olass~0 Report 17, H~'~ro I7General _ d (~ <br />Doc Type: 1Q__1S11(~ ~',_ '1_~j~___!1~" <br />OApplication (Coal onl) ^ Bona ~ Enlorcyment O Inspe io <br />I ~E r. P2rmi f r4inw,.dme,~ ~b ~ih'o. ~mny <br />