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4. On July 26 and 29, 2013, the Board received written requests and <br />motions to participate by telephone from the following parties: <br />Al and Vicki Becker <br />66810 Solar Road <br />Montrose, CO 81403 <br />Stan and Kathy Borinski <br />67737 Uintah Court <br />Montrose, CO 81403 <br />Mary Scuderi <br />68044 Tulare Road <br />Montrose, CO 81403 <br />Barbara Bernhardt <br />20409 Solitude Road <br />Montrose, CO 81403 <br />Leigh Robertson <br />596 Sabeta Drive, #D <br />Ridgway, CO 81432 <br />Lester and Kathleen Stigall <br />67751 Uintah Court <br />Montrose, CO 81403 <br />5. On July 30, 2013, the Board received a written request to <br />participate by telephone from parties Keith and Sharon Rasmussen, 20828 <br />Solitude Road, Montrose, CO 81403. The request from Keith and Sharon <br />Rasmussen, dated July 26, 2013, was sent timely to an incorrect e-mail <br />address; Keith and Sharon Rasmussen resubmitted the request to the proper <br />e -mail address. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over the Applicant and this matter <br />pursuant to the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Article 32.5 of Title 34, C.R.S. ( "Act "). <br />7. Under Rule 2.6(1), motions must be received by the Board within <br />two working days following the prehearing conference. In this matter, motions <br />and requests were due to be filed within two working days of July 25, 2013, on or <br />before July 29, 2013. The requests to participate in the hearing by telephone <br />filed by the parties listed in paragraph 4 above are timely under Rule 2.6(1). <br />The request to participate in the hearing by telephone filed by Keith and Sharon <br />Rasmussen is technically untimely under Rule 2.6(1). Considering the reason it <br />was untimely, however, the Board deems the request by Keith and Sharon <br />Rasmussen to be timely. As of the August 6, 2013 Board meeting, the Board <br />received no response to any of the motions and requests. <br />8. The Act, other Colorado statutes, and the Rules do not expressly <br />confer a right to appear or testify by telephone in this proceeding. <br />Rocky Mountain Aggregates & Construction, LLC <br />Uncompahgre Pit/M- 2013 -007 2 <br />