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prejudiced or denied a right to participate in the process as a result of that decision. The <br />Objector was able to submit comments on the application within the designated deadline. <br />The Objector commented, clarified, and fully participated in the application review process <br />and the pre-hearing process. The delay in notice to the Objector is not a justifiable reason to <br />deny the permit amendment application. <br />28. Pursuant to § 34-32.5-115(4), C.R.S., the Board shall not deny a permit except <br />on specific grounds. Included in the grounds for denial is that "[a]ny part of the proposed <br />mining operation, the reclamation program, or the proposed future use is contrary to the laws <br />or regulations of this article." § 34-32.5-115(4)(c), C.R.S. Here, the Objector has not <br />demonstrated that the permit amendment is contrary to the laws or regulations of the Act. <br />The Applicant has provided an adequate description for the legal right to enter the affected <br />land within the permit amendment area. The new site access road described in the permit <br />amendment application is on land on which the Applicant controls the surface access. <br />Additionally, the Objector was provided notice regarding the permit amendment application <br />and had the opportunity to object, comment, and have a hearing on the objections. There are <br />no outstanding adequacy concerns regarding the permit amendment application. <br />29. It is appropriate for the Board to approve the Applicant's permit amendment <br />application for File Number M-1982-246. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />approves Anthony Zellitti's amendment application for the Zellitti Pit, File Number M-1982- <br />246. <br />DONE AND ORDERED this ?Olt- day of ,o-??,,,,? , 2009. <br />FOR THE COLORADO MINED LAND RE I.AMA,X.ION BOARD <br />Z2tefson, Acting Chair <br />Land Reclamation Board <br />Anthony Zellitti <br />Zellitti Pit Amendment Application Approval <br />M-1980-246