2002-07-12_PERMIT FILE - M2002052

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO DRAFT PRE-HEARING ORDER IN THE MATTER OF THE APPLICATION OF WESTERN EQUIPMENT AND TRUCK, INC. TWO RIVERS ROCK PIT, FILE NO. M-2002-052. The Pre-hearing Conference in this matter was held on July 12, 2002, in Denver, Colorado. Alex Fischer appeared as an objectors, Bob Condon appeared on behalf of Western Equipment and Truck, Inc. Kate Pickford appeared on behalf of the Division. Sandra Brown represented the Mined Land Reclamation Board as Prehearing Conference Officer, and proposes the following Draft Pre-hearing Order to the Board to govern the hearing in this matter. This proposed Order, and amendments thereto, if any, shall be effective upon approval by the Board. I. FORMAL PUBLIC REARING The Formal Public Hearing on this matter (unless noticed otherwise) shall be held before the Board on August 21, 2002 at the Pueblo Convention Center, 320 Central Main St., Pueblo, Colorado, during the Board's regular August 2002 meeting. The Board's agenda (unless noticed otherwise) will begin at 10:00 a.m. II. PARTIES During the Pre-hearing Conference, the Pre-hearing Officer verified that the parties to this action are Western Equipment and Truck, Inc., the Applicant, and Objectors Alex Fischer and Anne Shaffer. Note: The Division of Minerals and Geology ("Division") shall not be a party, but shall participate in the hearing as staff to the Board. 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 Construction Materials ("Construction Materials Act"), Sections 34-32.5-101 et Seo., C.R.S., as amended, and the rules and regulations promulgated by the Board. The parties shall limit presentations to the question of whether the pending application should be approved or denied, based on the issues stated below. The issues to be considered were raised by the objectors in a timely fashion during the application public comment period, and were narrowed and clarified at the Pre-hearing Conference. 1. Has Applicant submitted a statement that it will minimize the impacts to the prevailing hydrologic balance? (Sec. 34-32.5-116(4)(h))