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<br />J?'• <br />J.D. MacFarlane <br />Attorney General <br />Richard F. Henne[[ey <br />Deputy Attorney General <br />Mary J. Mullarkey <br />Solic dor General <br />• <br />OE C <br />~~ ~ <br />•~~~,l~4 <br />~eTe <br />~l~r ~ttttr of (~ulnrtt~n <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY G[NERAL <br />January 20, 1981 <br />Dan W. Corson, Esq. <br />Norton Frickey & Associates <br />Attorneys-at-law <br />151 Federal Boulevard <br />Denver, CO 80219 <br />~ III Illllifllllll III <br />STATE SERVICES BUILDING <br />1525 Sherman Street, 3rd. FI. <br />Denver, Colorado 80203 <br />Phone 839-3617 & 839-3621 <br />Re: File No. 80-14; Hokestra Pit, Application for a <br />Regular (112) Impact Mining and Reclamation Permit <br />for an Open Pit Sand and Gravel Operation Adequacy <br />Dear Dan: <br />This is in response to your December 16 letter addressed to <br />David Shelton and captioned as above. Please forgive the delay <br />in getting back to you. I am passing on to John D. Ward, the <br />incumbent chairman of the Mined Land Reclamation Board, with his <br />copy of this letter, a copy of your request. <br />There is enclosed a copy of the minutes of the November 12 <br />meeting, the original of which was promptly signed and is on file <br />at the Mined Land Reclamation Division. The minutes show that <br />on November 12 the Mined Land Reclamation Board approved the <br />issuance of the permit to Weld County. In my opinion, this con- <br />stituted "final agency action" (C.R.S. 1973, 24-4-106(2)), which <br />is no longer subject to review. The lack of a transcript of the <br />meeting is unfortunate, and I wish to apologize to you and to your <br />clients in behalf of the Mined Land Reclamation Board for the tape <br />being blank. <br />Since, however, the issuance of the permit constituted final <br />agency action, there would be no useful purpose in having a hear- <br />ing or rehearing on the issue. In fact, the meeting was not an <br />adjudicatory hearing, but an informal meeting. It is not nec- <br />essary, under the Mined Land Reclamation Act (C.R.S. 1973, 34-32- <br />101 et seq.) that permits be issued on the basis of formal adjudica- <br />tory hearings. Thus, none was held. <br />:~ <br />