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~:.- - <br /> <br />W ~. q7o -2Y'7 S"ion <br />DISTRICT COURT, CITY AND COUNTY OF / <br />DENVER, COLORADO <br />Court Address: 1437 Bannock Street <br />Denver, Colorado 80202 <br />Plaintiff: Marilyn Boynton, John Akin and Carol, .f' <br />~ ~''"~ <br /> ~ <br />v. <br />Respondent: Colorado Mined Land Recl ation <br />Board, a state agency, and Four States <br />Aggregates, LLC, a Colorado limited bility <br />company <br /> Case Number: 01CV3425 <br />' Ctrm: 4 <br />ORDER <br />THIS MATTER comes before the Court on Plaintiff s Motion filed on January 10, 2003 <br />for Judicial Review of an administrative decision pursuant to Colorado Administrative <br />Procedures Act, C.R.S. §§ 24-4-101 to 24-4-107. The aforementioned decision granted a <br />reclamation permit to Four States Aggregates, LLC for the operation of an approximately 22- <br />acre gravel pit located on the Dolores River in Montezuma County near the town of Dolores, <br />Colorado. <br />L In the matter of Plaintiff a Motion for District Court Review, the Court finds the <br />following facts: <br />a. On January 8, 2001, Defendant Four States Aggregates, LLC submitted an <br />application to the MLRB for a reclamation permit. Notice of this hearing <br />was published in the local newspapers in accordance with C.R.S. § 34- <br />32.5-112(9)(x). Plaintiff was informed he must submit written objections <br />to the DMG within five days of the informal conference if they wanted <br />them considered. Plaintiff did.so. <br />b. On March 13, 2001, the Colorado Department of Minerals and Geology <br />(DMG), notified Four States that its application was incomplete and <br />