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<br />4. Pursuant to §34-32.5-109, C.R.S., before engaging in a new operation, an <br />operator shall first obtain from the board or office a reclamation permit pursuant to section <br />34-32.5-112. <br />5. Section 34-32.5-112 (9)(a), C.R.S., requires the applicant, upon the filing of an <br />application for a reclamation permit, to place a copy of such application for public inspection <br />at the office of the board and the office of the county clerk and record of the county in which <br />the affected land is located. <br />6. Section 34-32.5-112(9)(b), C.R.S., requires the applicant to file a notice of the <br />application to be published in a newspaper of general circulation in the area of the proposed <br />mining operation once a week for four consecutive weeks, commencing not,more than ten <br />days after the filing of such application with the board or office. <br />7. Section 34-32.5-112(9)(c), C.R.S., also requires the applicant'to mail a coy of <br />the notice of the filing of the application for a reclamation permit, immediately after first <br />publication, to all owners of record of the surface and mineral rights of the affected land, and <br />any other owners of record designated by the board who may be affected by the proposed <br />mining operation. Proof of such notice and mailing, shall be provided to the board or office <br />and shall become part of the application. <br />8. Section 34-32.5-114, C.R.S., allows an aggrieved person to file written <br />objections to an application for a permit and petition for a hearing. Such protests or petitions <br />for a hearing shall be filed with the board or office not more than twenty days after the date <br />of last publication of notice made pursuant to section 34-32.5-112(9). <br />9. Pursuant to Board Rule 2.8.1, any party who does not attend the Board <br />Hearing forfeits party status and all associated rights and privileges. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />determines that the Objectors in this matter have lost their party status pursuant to Board <br />Rule 2.8.1(1) and the Board thereby directs the Office to timely approve or deny the <br />application, as the Office sees fit, unless the Office determines that a Formal Board Hearing <br />should be held. <br />ORDERED this day of 92008. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />IRA J. P IN, Chair <br />Mined Land Reclamation Board <br />McStone Aggregate, LLC <br />Permit No. M-2008-010 <br />2