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(collectively. " Objector''). The Objector expresses concerns about placement of <br />excavated materials that have allegedly raised the ground level and dust. <br />5. In the Reclamation Plan, the Operator has committed to stabilizing <br />residual stockpile material by revegetating in accordance with the Colorado Land <br />Reclamation Act: for the Extraction of Construction Materials, Article 32.5 of Title <br />34, C.R.S. (2010) ( "Act ") and the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for the Extraction of Construction Materials, 2 <br />CCR 407-4 ("Rules"). <br />6. The Board, through prehearing conference officer Sandra Brown, <br />conducted a prehearing conference on May 24, 2011. The Division. the Operator, <br />and the Objector appeared at the prehearing conference. The Board adopted the <br />prehearing order at its June 8, 2011 meeting. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5 -1.04 through 107 of the Act. <br />8. Air quality associated with the 120th Estates Partners mine is outside <br />the jurisdiction of the Division and Board. On or about March 22. 2011, the <br />Division notified the Colorado Department of Public Health and Environment of its <br />consideration of AM-05. <br />9. The Operator has met the minimum requirements of section 34 -32.5- <br />1.12. C.R.S. and the Rules for approval of AM -05. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby APPROVES amendment AM-05 for 120th Estates Partners. <br />c <br />DONE AND ORDERED this °" 1 day of --� vim 2011. <br />CSL/Brush LLC <br />120th Estates Partners <br />File No. i\1- 2001 -085 <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Elizabeth Paranhos, Chair <br />2 <br />