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~` BEFORE THE MINED LAND RECLAMAT[ON BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF ALL RITE PAVING AND REDI-MIX, hNC., NORTH RIVER PIT, FILE NO. NI-99-005, APPROVAL OF A 1 12 PERMIT APPLICATION OVER OBJECTIONS THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on June 22. 1999, for a hearing, the Board makes the following Findings of Fact and Conclusions of Law, and enters the following Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. On February S. 1999. Alt Rite Paving and Redi-Ivlix, Inc. ("All Rite Paving"), filed a 1 12 Permit Application, File No. M-99-005, to conduct a sand and gravel operation in Otero County, Colorado, Secs. 1 and 36, T23&245, RSSW, 6th P.M. 2. Six timely objections to the application were received by the Division of Minerals and Geology ("Division"). As a result, the Division held an Informal Conference on May 14, 1999. At the Informal Conference, the Division discussed the parties and the issues [o be considered. 3. The matter was scheduled for the June 22-23, 1999, Board hearings. 4. Prior to the issuance of a recommendation on the permit app]ication by the Division, all but one of the objectors had withdrawn from party status. 5. On June 2, 1999, the Division issued a recommendation to the Board to approve the permit application. On June 8, ] 999, the Division mailed its approval recommendation rationale to the remaining parties, addressing the objections and concerns raised during the public comment period and informal conference phases. 6. On June 14, 1999, aPre-hearing Conference was held in Denver, Colorado, to verify the list of parties and to narrow and distill the issues to be considered by the Board at the final hearing. James B. Cooley presided as the Pre-hearing Conference Officer designated by the Board. The one objecting party did not attend the Pre-hearing Conference. As a result of the Pre-hearing Conference, apre-hearing order was generated. 7. At the Pre-hearing Conference, Mr. Cooley determined that the only issue raised by the objector that was within the jurisdiction of the Board was "Effect on quantity and quality of water" That issue was listed in the pre-hearing order. 8. The Applicant did not submit lists of possible witnesses and exhibits for the Final Hearing at the Pre-hearing Conference. 9. The draft pre-hearing order was mailed to the parties on June 16, 1999.