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Memorandum to Harvey W. Curtis <br />June 14, 2006 <br />Page 8 <br />been completed. Pursuant to MLRB Rule 1.6.(g), prior to Office consideration of the application, <br />proof of notice provided for in subparagraph 1.6.2(e) must be received by the Office. This includes <br />the notice to the owner of the mineral rights of the affected land. This was not included, and the <br />application is therefore incomplete and should not be considered at this time by the DMG Office. <br />6. MLRB requirements: Pursuant to MLRB Rule 1.4.1(10), the applicant has the burden of <br />demonstrating that the application meets requirements of the Act, Rules, and Regulations. MLRB <br />Rule 1.3(1) states that "...all applications, public notices, inspection reports, documents, maps, <br />exhibits, correspondence, tests, analyses, records of action or fmdings of the Board of Office and <br />other information ... shall be promptly made available for inspection to any member of the public at <br />the offices of the Office ..." MRLB Rule 1.6.2(2) states, "The copy of the permit application, <br />adequacy responses of the applicant, application revisions, and any permit amendment applications <br />placed at the office of the County Clerk or Recorder ... shall be retained until fmal agency action .. . <br />on said application has occurred, and be available for inspection during such period." <br />Discussion: Various documents were not available at either the Office or the Park County <br />Clerk and Recorder's Office. See Objectors' Exhibit 26 (Objector's Motion for Continuance of Pre- <br />Heazing Conference and Board Hearing, or in the Alternative, that the Application be Denied, dated <br />May 25, 2006) and Objectors' Exhibit 22 (Notarized Affidavit of Mr. Kent Rolf dated May 23, 2006) <br />for discussion of this issue. <br />Conclusions: The Objectors have been prejudiced by lack of timely availability of <br />documents in their preparation for the prehearing conference and the formal Boazd hearing. <br />Additionally, some critical documents still appear to be missing (e.g., State Engineer's Response to <br />the Regular 112 Operation Reclamation Pemut Application; notification to owners of subsurface <br />mineral rights). <br />Attachment: June 14, 2006 memorandum from Jon Ford, Leonard Rice Engineers, Inc., to <br />Harvey Curtis, Harvey W. Curtis and Associates. <br />LEONARD RICE ENGINEERS INC. <br />