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BEFORE THE MINED LP.iW RECLAbL4TI0N BOARD STATE OF COLORADO File No. M-94-1 l5 N THE MATTER OF THE KINNEY ORION P[T APPLICATION FINAL DECISION AiYD ORDER The Formal Public Hearing on the Kinney Orion Pit Application was held on September 24, 1997, during the regulaz meeting of the Mined Land Reclamation Board ("the Boazd"), at 1313 Sherman Street, Room 318, Denver, Colorado. PRELIIi UNARY ivL4TTERS The Boazd reviewed the Proposed Pre-Hearing Conference Order, considered the objections raised and comments made to the Board and adopted the Proposed Pre-Hearing Conference Order with the following amendments: (a) that under section III. "Issues To Be Considered," Rat of Entry Ts~~es numbers 1, "Ownership of the Right to Mine," and 2, "Rights Conferred by the Oilaad Gas Lease,' be eliminated, leaving number 3, "Whether Kinney Has Demonstrated Adequate Right of Entry to Conduct btinin;," as the only Right of Entry issue to be considered at hearing; and (b) that under section III, "Issues To Be Considered," ic~c~,gc" Resardin~deauacv of the Reclamation Plan_ "concern regarding impact on the scenic views" be eliminated, leaving all other Reclamaion Plan topics under that section for consideration at hearing. FIND4`IGS OF FACT, CONCLUSIOYS OF LAW AND ORDER Following disposition of the Preliminary blotters, the Board proceeded to consider the Proposed Application Although provision for testimony of each of the Recognized Objectors is made in the Pre- Hearing Conference Order, Blake btitchell was the only Objector to appeaz and offer presentation and rebuttal testimony. The Division of blinerals and Geology ("the Division") wa_s represented by Assistant Attorney General Stephen M. Brown. Assistant Attorney General lilt bt.M. Gallet appeared as PLAINTIFF'S EXHIBIT A 9 3 1 ~_. .._ . _ _ _ .- - _ _ -.._ ..