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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />HEARING NOTICE AND ORDER <br />IN THE MATTER OF WESTERN FUELS - COLORADO LLC'S, APPLICATION FOR <br />PERMIT REVISION NO. 6 WHERE AN OBJECTION HAS BEEN RECEIVED TO THE <br />DIVISION'S PROPOSED DECISION, File No. C-1981-008 <br />On October 28, 2010, the Mined Land Reclamation Board ("Board") met by <br />teleconference to consider prehearing issues in this matter. <br />The Board considered: objection letters received on October 18, 2010 and October <br />21, 2010 from JoEllen Turner and Michael Morgan; the October 25, 2010 letter received <br />from Chris Kamper representing Western Fuels - Colorado LLC; and the October 25, 2010 <br />Division of Reclamation Mining and Safety Response to Letter of Objection and Request for <br />Formal Hearing. <br />Additional objection letters were sent to the Board through the Division just prior to <br />the October 28, 2010 teleconference meeting. <br />The Board finds the following: <br />1. The Board received two objection letters signed by both JoEllen Turner and <br />Michael Morgan (the "Objectors"). The first letter received on October 18, 2010 was <br />addressed to the Division of Reclamation, Mining and Safety ("Division"), and was <br />subsequently forwarded to the Board. Among other things, the Objectors requested a formal <br />Board hearing. Section 34-33-119(4), C.R.S., provides that "[a]ny person with an interest <br />which may be adversely affected by the proposed decision may request a formal hearing <br />before the board on the proposed decision ...." The request must "be in writing, and state <br />with reasonable specificity the reasons for the request and the objections to the proposed <br />decision." The Objectors' first letter was not specific enough to satisfy the requirements of § <br />34-33-119(4), C.R.S. <br />2. The Board received another letter signed by the Objectors on October 21, <br />2010. The Objectors requested a formal Board hearing and a change of venue to Nucla, <br />Colorado. This letter does reasonably specify the reasons for the request. However, it is <br />difficult to determine what the specific objections are to the Division's proposed decision. <br />Thus, it is appropriate and within the Board's discretion to appoint a prehearing conference <br />officer and require that a prehearing conference be held in this matter. <br />3. The Board appoints Bruce Stover as a prehearing conference officer. <br />Western Fuels <br />Hearing Notice and Order <br />C-1981-008