2008-07-23_PERMIT FILE - M2008009

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 RECEIVED JUL 2 5 ma Division of Reclamation, Mining and Safety COLORADO D I V I S I O N O F RECLAMATION MINING SAFETY Bill Ritter, Jr., Governor , Harris D. Sherman Executive Director Ronald W. Cattany July 23, 2008 Division Director Natural Resource Trustee i RE: Recommendation for Approval of Application Over Objection; Regular 112 Construction Materials Application, Lyster Oil Company, Lyster Pit, Permit No. M-2008-009 Dear Party and/or Interested Person: Enclosed in this letter is the Divisions rational for approval over the objection raised in regards to the above referenced permit application. This is also a reminder that this matter it set for a Formal Public Hearing before the Colorado Mined Land Reclamation Board, for consideration. The hearing for consideration of the Lyster Pit permit will occur during the August 13th and 14th Board meeting at Centennial Building, 1313 Sherman Street,; Room 318, Denver, Colorado 80203, commencing at 9:00 a.m. or as soon thereafter as the matter can be considered on August 13th at 9:00 a.m. or as soon thereafter as the matter can be considered on August 14th. Parties and interested persons will have the opportunity to be heard. A Pre-hearing Conference has been scheduled on Tuesday, July 29, 2008 at 1:00 PM. The Pre-hearing Conference will be held in a meeting room at the Holiday Inn 300 S. Colorado Highway 13, in Craig, Colorado. Mr. Daniel Hernandez will preside as Pre-hearing Conference Officer. Failure to participate in the Prehearing Conference will result in the loss of your party status. The purpose of the Pre-hearing Conference is to describe the Office's review process, to explain the rights and responsibilities of parties, to discuss and resolve issues to the extent possible, to describe the Board Hearing processes, to determine the list of issues under the Board's jurisdiction and to simplify the list, and to determine who has demonstrated standing to be a party to the Formal Board Hearing.; Please note, pursuant to Rule 2.6 (2), parties are required to provide thirteen (13) 3-hole Dunclied copies of their list of potential witnesses and their exhibits at the Pre-Hearing Conference. Failure to do so may preclude use of witness testimony or exhibits at the Formal Public Hearing. If you need additional information, please contact me at the Division of Reclamation, Mining, and Safety, Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.623.5596. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines