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~t BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO R~~~~ ~~~~~~~~~~~~~~~~ uVED AUG 0 9 ?000 PRE-HEARING ORDER IN THE MATTER OF WESTERN MOBILE NORTHERN INC., LOVELAND PIT, APPLICATION FOR RECLAMATION PERMIT, FILE NO. M-2000-034. This Draft Pre-hearing Order is proposed to the Mined Land Reclamation Board ("the Board") by the Pre-hearing Conference Officer to govern the hearing in this matter. This Order, and amendments thereto, if any, shall be effective upon approval by the Board. I. FORMAL PUBLIC HEARING The Formal Public Hearing on this matter (unless noticed otherwise) shall be held before the Board on August 24, 2000, at the Centennial Building, 1313 Sherman Street, Room 318, Denver, Colorado 80203, during the Board's regular August, 2000 meeting. The Board's agenda (unless noticed otherwise) will begin at 9:00 a.m. II. PARTIES The Pre-hearing Conference in this matter was held on August 7, 2000, in Denver, Colorado. The Applicant, Western Mobile Northern, Inc., and Allen Sorenson of the Division of Minerals and Geology were present. No objector appeared. Note: The Division of Minerals and Geology ("Division") shall not be a party, but shall participate in the hearing as staff to the Boazd. 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 Conswction Materials ("Construction Materials Act"), Sections 34-32.5-101 et. al, C.R.S., as amended, and the rules and regulations promulgated by the Boazd. The issues to be considered were all raised by objectors in a timely fashion during the application public comment period and the Informal Conference phase, and were narrowed and clarified at the Pre-heazing Conference. The parties shall limit presentations to the question of whether the pending application should be approved or denied, based on the following issues: Is it likely that Westem Mobile's reclamation plan will succeed?