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2008-10-29_REVISION - M1980244
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2008-10-29_REVISION - M1980244
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Entry Properties
Last modified
6/15/2021 5:52:20 PM
Creation date
10/30/2008 8:39:56 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980244
IBM Index Class Name
REVISION
Doc Date
10/29/2008
Doc Name
Pre-Hearing Order
From
MLRB
To
DRMS
Type & Sequence
AM9
Email Name
BMK
Media Type
D
Archive
No
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Anthony J. Waldron <br />Senior Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Jillian Allison (in attendance by conference telephone) <br />Assistant Attorney General for the State of Colorado <br />Counsel for Mr. Hernandez <br />1525 Sherman Street, 7th Floor <br />Denver, CO 80203 <br />Jeff Fugate <br />Assistant Attorney General for the State of Colorado <br />Counsel for Mssrs Keffelew and Waldron <br />1525 Sherman Street, 7th Floor <br />Denver, CO 80203 <br />One Person, Mr. William B. Collister, previously deemed a Party by the Division, arrived at Elks <br />Club on October 23, 2008, following the conclusion of the Pre-Hearing Conference. His <br />nephew, John Collister, had called the Elks Club during the Pre-Hearing Conference to announce <br />that they were having difficulty finding the Elks Club. This phone call was brought to the <br />attention of the Pre-Hearing Conference Officer during the Pre-Hearing Conference. Mssrs <br />Collister did eventually find the Elks Club, but unfortunately not by the time the Officer deemed <br />the Pre-Hearing Conference concluded. As Rule 2.7.3(4) states that Parties not attending the <br />Pre-Hearing Conference forfeit their Party Status, Mr. William B. Collister is no longer a Party <br />to this matter. However, as Mr. William B. Collister's concerns raised in his letter to the <br />Division were filed in a timely manner and fall within the jurisdiction of the Division, the Board, <br />given the circumstances and in consultation with counsel, may wish to consider re-instatement of <br />Mr. William B. Collister as a Party, should he attend the Board Meeting in person, by proxy, or <br />be represented by an attorney. <br />III. ISSUES <br />A number of issues regarding the Application were raised during the comment period by several <br />Persons and Parties. Issues raised by Persons and Parties that did not attend the Pre-Hearing <br />Conference are not carried forward in this Proposed Pre-Hearing Order. Issues raised during the <br />public comment period by Jo Ann Harris that lie within and beyond the jurisdiction of the <br />Division and Board are identified below. On October 24, 2008, Jeffery C. Parsons of Western <br />Mining Action Project, representing Citizens for Victor, INFORM, and Sierra Club - Rocky <br />Mountain Chapter, informed the Pre-Hearing Conference Officer that following the Pre-Hearing <br />Conference, his clients had three unresolved concerns. These also are identified below. <br />6
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