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<br />Page ~ <br /> <br />located. The mineral rights are owned by the Colorado State Land Board, and leased to <br />Robinson Brick. The technical revision approval authorized the company to concurrently <br />mine stages 1 and 2, meaning the company would be authorized to mine in stage 2 now, <br />instead of several years from now afrer stage 1 is finished. <br />4. The Division accepted Robinson Brick's application for a technical revision, and approved <br />the same on June 23, 2000, thereby authorizing the company to concurrently mine stages 1 <br />and 2. <br />5. Robinson Brick wants to mine in the Stage 2 area now because the Colorado State Land <br />Board recently informed the company that it risks losing its mineral lease in the Stage 2 <br />area if it does not mine that area sooner than planned. <br />6. Mr. Stockwell challenged the Division's decision that this change constituted a technical <br />revision on the grounds that it should have been considered a significant change to the <br />permit, thereby requiring a permit amendment, and because the 3efferson County <br />Commissioners have disapproved Robinson Brick's plan as an extension of a <br />non-conforming use. <br />7. Mr. Stockwell asked the Board to consider two issues. First, does Robinson Brick's <br />proposal qualify as an amendment under Construction Materials Rule 1.1(6)? Second, is <br />Robinson Brick's proposal contrary to the laws or regulations of this State, and therefore <br />subject to denial pursuant to § 34-32.5-I l5(4)(d), in light of Jefferson County's decision <br />that its proposal is not a legal non-conforming use? <br />8. The Board has jurisdiction over the subject matter of this action pursuant to <br />§ 34-32.5-107(2), C.R.S. <br />9. The first issue is diapositive to this appeal. If the subject change should be processed as an <br />amendment, Robinson Brick would need to comply with the public notice and hearing <br />requirements applicable to a new permit. Construction Materials Rule 1.10(3). In that <br />