PERMFILE100574

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 5/26/2006
• Doc Name: Motion for Continuance of Pre-hearing Conference
• From: Robert White Kent Rolf Curt Sayer and Fred Wisely
• To: MLRB
• Media Type: D
• Archive: No

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GAP, N8N
BEFORE THE MINED LAND RECLAMATION BOARD,
COLORADO DIVISION OF MINERALS AND GEOLOGY,
DEPARTMENT OF NATURAL RESOURCES
Board Address: 1313 Sherman Street, Room 318
Denver, Colorado 80203
Applicant: Allen Drilling and Excavating Company, Inc.
Objectors: Robert White, Kent Rolf, Curt Sayer and permit Application No.:
Fred Wisely M-2005-080 /
ATTORNEYS FOR OBJECTORS:
Harvey W. Curtis, #8,246
Sheela S. Stack, #32,768
Harvey W. Curtis & Associates
8310 South Valley Highway, Suite 230
Englewood, Colorado 80112 Phone: [phone]
firmncurtis-law.com
MOTION FOR CONTINUANCE OF PRE-HEARING CONFERENCE
AND BOARD HEARING, OR IN THE ALTERNATIVE,
THAT THE APPLICATION BE DENIED
The Objectors, Robert White, Kent Rolf, Curt Sayer and Fred Wisely (collectively referred
to as "Objectors"), by and through their undersigned counsel, hereby submit the following Motion
for Continuance ofPre-Hearing Conference set for June 2, 2006, and of Boazd Hearing set for June
14 and 15, 2006, and in support thereof state as follows:
1. According to the Mined Land Reclamation Board (the "Board") Rules and
Regulations, the Applicant must address all applicable requirements of the Colorado Land
Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et seq. (The
"Act"), and the Mineral Rules and Regulations of the Mined Land Reclamation Board for the
Extraction of Construction Materials (the "Rules"). The Applicant has the burden of proving that
the application submitted to the Division ofMinerals and Geology (the "DMG")meets the minimum
requirements of the Act and all applicable Rules and Regulations. Applicant has failed to do so.
2. As a first ground for this motion, Rule 1.3(I) states that: "... all applications, public
notices, inspection reports, documents, maps, exhibits, correspondence, tests, analyses, records of
action or findings of the Boazd or Office and other information ... shall be promptly made available
for inspection to any member of the public at the offices of the Office ..."