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Rationale for Recommendation for Approval, Over Objections, of a Regular 112 Construction Materials Permit Application; Seifert Construction; Boyer Pit; File # M-2002-122 Submitted December 30, 2002 Introduction On May 12, 2003, the Division of Minerals and Geology (the Division) issued a recommendation for approval of the Boyer Pit, over objections, and with stipulations. This document provides the basis for DMG's recommendation. Seifert Construction submitted an application for the Boyer Pit on December 30, 2002. The application was initially called incomplete, but subsequent submittals allowed it to be filed for technical review and administrative processing on January 17, 2003. The last day for public comment was Mazch 19, 2003 and two letters of objection were received prior to this date. Therefore, aPre-Hearing Conference was held on April 10, 2003 and the resultant Pre-Hearing Order was issued on April 14, 2003. This order identified the parties to the hearing and outlined the issues to be considered by the Mined Land Reclamation Board (the Board) at the formal public hearing. The Division sent out its preliminazy adequacy review letter on April 16, 2003.- The original decision date for this application was April 17, 2003, however, due to the fact that the publication did not commence within 10 days of completeness, the decision date was extended until May 3Q, 2003. The applicant submitted their responses to the division on May 7, 2003. Based on the original application and responses to division concerns, the division is recommending that this application be approved with conditions. Following aze the issues to be considered by the Mined Land Reclamation Board, as identified in the Pre-Hearing Order of April 14, 2003, and the division's response to those issues and rationale for recommending approval over the objections. III. ISSUES TO BE CONSIDERED Presentations to the Board shall be strictly limited to the issue of whether the pending application complies with the requirements of the Colorado Land Reclamation Act for the Extraction of Construcfion Materials, Sections 34-32.5-101 et sec .., C.R.S. (1999) ("Construction Materials Act") and the rules and regulations promulgated by the Board. The parties' presentations should address only whether the pending application should be approved or denied, based on the issues stated below. Timetable for mining and reclamation 1. Has the applicant established a reasonable timetable for backfilling and grading consistent with good mining and reclamation practices? (Rules 3.1.5(4) and 6.4.4)