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• IIIIIIIIIIIIIIIIIII ~ ~~cc,v~fl JUL u 2 ~"Qt BEFORE THE MINED LAND RECLAMATION BOARD Division ui JAine;al, and Ceolagy STATE OF COLORADO PETITION FOR RECONSIDERATION IN THE MATTER OF THE LINE CAMPT PIT SITE, FOUR STATES AGGREGATES, LLC. FILE NO. M-2001-001, CONSIDERATION OF A 112 CONSTRUCTION MATERIALS PERMIT APPLICATION OVER OBJECTIONS OBJECTORS Carol Stepe and John E. Akin hereby petition the Mined Land Reclamation boazd (board) for reconsideration of its decision of May 23, 2001 (and "Findings" ostensibly dated June 21, 2001) for the following reasons: The boazd failed to provide notice to the parties of all of the evidence or information, witnesses and exhibits that were introduced at the hearing (or after the hearing) as required under the provisions of C.R.S. § 24-4- 105 (2001);. 2. The Pre-Hearing Order unlawfully (without adequate notice to the objecting parties) and without any lawful authority designated the participation of the staff of the Division of Mining and Geology [hereafter: "DMG"] as "staff to the board" for the purpose of prejudicing the proceedings and permitting the State of Colorado to advocate on behalf of the proponent of the application. This unlawful state action on the part of the board was designed, with intent, to circumvent the due process rights of objecting parties. The State action of the DMG advocating on behalf of the proponent of the application contradicts C.R.S. § 34-32.5- 115(4) (2001) which states: In the determination of whether the board or office shall grant a permit to an operator, the applicant must comply with the requirements of this article and section 24-4-105(7), C.R.S. Id. section 24-4-105(7), C.R.S. states in pertinent part: [(1) In order to assure that all parties to any agency adjudicatory proceeding are accorded due process of law, the provision of this section shall be applicable .