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• III IIIIIIIIIIIII III ~ <br />BEFORE THE BOARD OF ASSESSMENT APPEALS <br />°~CEIVED <br />STATE OF COLORADO <br />Docket No. 27512 NOV 14 ~gg¢ <br />County Schedule No. 51 J 32 Oivisionv~~mnerals$Geolc~y <br />------------------------------------------------------------------ <br />STIPULATION AS TO CONFIDENTIAL INFORMATION <br />------------------------------------------------------------------ <br />CYPRUS WESTERN COAL COMPANY V. ROUTT COUNTY BOARD OF EQUALIZATION <br />------------------------------------------------------------------ <br />The parties to the above-cited action and the Division of <br />Minerals and Geology ("DMG") through the Colorado Attorney <br />General's Office, hereby enter the following stipulation concerning <br />the deposition and testimony of Kent Gorham, a reclamation <br />specialist with the DMG: <br />I. Routt County attorney John Merrill has subpoenaed Kent <br />Gorham to testify in the above-cited matter. <br />2. Cyprus has requested a deposition of Kent Gorham. <br />3. Under the Colorado Surface Coal Mining Reclamation Act, <br />certain matters contained in applications for coal mining permits <br />are to be kept confidential and not a matter of public record. <br />4. Specifically, § 34-33-110(7), C.R.S. (1984 & 1994 Supp.), <br />provides that "information which pertains to the quantity of coal <br />or the analysis of the chemical and physical properties of the coal <br />(excepting that information which the office reasonably believes to <br />concern a mineral or elemental content which is potentially toxic <br />in the environment) shall be kept confidential and not made a <br />matter of public record." See also Rule 2.07.5, 2 CCR 407-2. <br />5. Both parties therefore agree that Mr. Gorham may be <br />depdsed and testify on any relevant matters including those matters <br />which may be confidential under the coal statute and rules, so long <br />as statements made during the deposition and testimony concerning <br />any confidential information are confined to the deposition and <br />hearing held before the Board of Assessment Appeals, and are not <br />otherwise made a matter of public record. <br />6. The parties further agree that Mr. Gorham may produce any <br />written documents which may contain confidential information as <br />provided under the coal statute and rules for use at the deposition <br />and hearing only, and that at the termination of the deposition and <br />hearing, such written documents shall be retained by the DMG as <br />confidential information as it has previously retained such <br />