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~.sc, ~~~ sb1 ~i~> ~~~ATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832A706 <br />November 17, 2006 / / <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />Notice to Parties and Interested Persons to the Reconsideration of the King Mountain Sand & Gravel sill ovens <br />onverslon Application Governor <br />Russell George <br />Executive Director <br />RE: re-hearing Conference and Formal Public Hearing for King Mountain Gravel, LLClonam w. cattany <br />King Mountain Sand and Gravel Miue, File No. M-1978-314 ~/ Division Director <br />Natu21 Resource Trustee <br />Deaz Party and/or Interested Person: <br />The Colorado Division of Reclamation, Mining and Safety (formerly known as the Division of Minerals and <br />Geology) has received objections to the reconsideration for the King Mountain Sand and Gravel 112c Conversion <br />Application (File No. M-1978-314) submitted by King Mountain Gravel, LLC. Comments and objections have been <br />previously forwazded to King Mountain Gravel, LLC. <br />Pursuant to the Colorado Mined Land Reclamation Boazd's ("MLRB" or "Board") September 13, 2006 Boazd Order <br />("Order"), all pending motions in this matter will be heazd at the formal public hearing before the MLRB at the <br />December 13-14, 2006 Boazd hearing. Specifically, the Boazd will rule on the Motion to Dismiss King Mountain <br />Gravel, LLC's Conversion Construction Materials Application Regarding Permit No. M-1978-314 for Lack of <br />Subject Matter Jurisdiction ("Motion"), which was submitted by Hogan & Hanson, LLP on behalf of Sleeping Lion <br />Ranch d/b/a Bar-A-Ranch, LLC; ER Ranch, LLC; and Egeria Pazk, LLC. <br />If the MLRB does not grant the Motion, a formal public hearing will be held before the MLRB during the January <br />10-11.2007 Boazd meeting, pursuant to the Order, for reconsideration of the Kin Mountain Sand and Gravel 112c <br />Conversion Application. The hearing will commence at 9:00 a.m. on January 10 and 11's or as soon thereafter as the <br />matter can be considered. Parties and interested persons will have the opportunity to be heard. <br />A Pre-hearing conference will take place on December 18.2006, beginning at 10:00 A.M. Both the hearing and the <br />pre-hearing conference will take place at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, <br />Room 215, Denver, Colorado. Ms. Sandra Brown will preside as pre-hearing Conference Officer. The purpose of the <br />pre-hearing conference is to describe the Division's review process, to explain the rights and responsibilities of <br />parties, to discuss and resolve issues to the extent possible, to describe the Board hearing processes, to determine the <br />list of issues under the Board's jurisdiction and simplify the list, and to determine who has demonstrated standing to <br />be a party to the formal Board hearing. <br />Please be reminded that all witness and exhibit lists are required to be submitted at the are-hearine conference <br />scheduled for December 18, 2006. <br />If you need additional information, please contact me at the Division of Mining, Reclamation and Safety, 1313 <br />Sherman Street, Room 215, Denver, Colorado 80203, telephone number 303.866.4943. <br />Environmental <br />Attachment: <br />Certificate of Service <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />