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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECLARATORY ORDER <br />IN THE MATTER OF THE PETITION FOR PARTY STATUS OF JARLE HALSNES, RE: <br />APPLICATION OF WESTERN MOBILE NORTHERN INC. FOR 112 PERMIT, FILE NO. <br />M-2001-090 <br />THIS MATTER came before the Mined Land Reclamation Board on December 12, 2001 at Denver, <br />Colorado for hearing on a Petition for Party Status, pursuant to Board Construction Materials Rule 2.5. Patricia <br />Fulmer, Esq., appeared on behalf of the Petitioner. Cheryl Linden, Assistant Attorney General and Tom <br />Schreiner appeazed on behalf of the Division of Minerals and Geology (Division). Rhonda Sundquist, Esq., and <br />Gary Tuttle appeared on behalf of Intervenor Western Mobile Northern, Inc. (WMN). The Board, having <br />considered the Petition and Responses thereto, and the arguments of the parties, and having been otherwise fully <br />informed in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />Petitioner has filed a Petition for Party Status, which constitutes a request to the Board to declare his <br />right to contest the permit application of Westem Mobile Northern, Inc. <br />2. WMN has applied fora 112c permit to mine sand and gravel in Section 21, TSN, R84W, 6's P.M., Route <br />County, Colorado. This site is known as the River Valley Resources site. <br />3. Petitioner filed an objection to WMN's application one day after the deadline for objections. The <br />Division notified Petitioner [hat his objection was untimely, and therefore would not be scheduled for <br />hearing. The Division further advised Petitioner that he could appeal that decision to the Board. <br />Thereafter, Petitioner filed this petition. <br />4. Petitioner argues that the objection was one day late because he did not receive proper notice. <br />Specifically, Petitioner argues that the Division had promised that he would receive notice of WMN's <br />application by means of the Division's web page; that WMN did not post sufficient notice at the <br />proposed mine site; and that he was entitled to personal notice, as an owner of record. <br />