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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />STIPULATED MOTION TO CONTINUE HEARING AND STAY PROCEEDINGS <br />KING MOUNTAIN, GRAVEL, LLC; KING MOUNTAIN SAND AND GRAVEL MINE; File <br />No. M-1978-314; RECONSIDERATION OF CONVERSION OF APPLICATION APPROVAL <br />King Mountain Gravel, LLC ("King Mountain") by and through its undersigned counsel, <br />and the other undersigned parties who have objected to King Mountain's permit conversion <br />application (the "Permit Conversion Application"), hereby stipulate and respectfully move to <br />continue the Hearing currently set for September 13 and 14, 2006, until the January meeting, <br />currently set for January ]0 and 11, 2007, of the Mined Land Reclamation Board, to stay all <br />pending motions and proceedings until November 1, 2006, and respectfully request a ruling on <br />all pending motions at or before the Mined Land Reclamation Boazd's December 13 and 14, <br />2006 meeting. As grounds therefore, the parties state as follows: <br />King Mountain has applied for a grant from the Colorado Division of Wildlife <br />("CDOW") under the Colorado Wildlife Habitat Protection Program for the bargain sale of a <br />conservation easement interest on the real property that is the subject of King Mountain's <br />application (the "Property"). If King Mountain receives funding from CDOW and grants a <br />conservation easement on the Property, King Mountain will withdraw the Permit Conversion <br />Application. If CDOW does not grant funding to King Mountain, King Mountain will proceed <br />with the Pennit Conversion Application. <br />CDOW will not announce grant awards until at least October 2006. Therefore, King <br />Mountain will not know whether it will need to proceed with the Permit Conversion Application <br />until after October 2006. A continuance of the hearing until the January 2007 meeting of the <br />Mined Land Reclamation Board will give King Mountain the opportunity to determine if it is <br />able to withdraw its Permit Conversion Application at which point any hearing would no longer <br />be necessary. In addition, the parties request a stay of all pending motions and proceedings until <br />November 1, 2006 in order to permit the applicant and all other parties to this proceeding <br />sufficient time to ascertain whether or not they wish to respond to any pending motions. The <br />parties also request that the Mined Land Reclamation Boazd rule on any motions pending as of <br />this date at or before its December 13 and 14, 2006 meeting. <br />WHEREFORE, the parties respectfully request that the Boazd approve this Stipulated <br />Motion to Continue Hearing and Stay Proceedings. <br />\UDE ~ 02~060/W WOI - 2'R410 vl <br />