PERMFILE66536

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 7/13/2006
• Doc Name: Motion to Identify Rebuttal Witnesses
• From: DMG
• To: MLRB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
DepaNrent of Natural Resources
1313 Sflennan SL, Roan 215 -.___. ,
From: a 'r
Denier, Colorado 80203
Phone: [phone] Doc. Name:
FAx: [phone] Doc. Date (i
Specialist: _
-DSO Confidental?: -
July 13, 2006
Mined Land Reclamation Board
c/o Tyson Powell
Assistant Attomey General
Colorado Attomey General's Office
1515 Sherman Street, 5th Floor
Denver, Colorado 80203
;OLORADO
( V I S I O N O F
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Neural Resounx Trustee
RE: Case No. M-2005-080; Staff of the Division of Minerals and Geology's Response to Applicant's
Motion to Identify Rebuttal Witnesses
Deaz Board Members,
The Division of Minerals and Geology (the "Division"), as staff to the Mined Land Reclamation
Board ("Board"), would like to submit to the Board this response to the Applicant's Motion to ldentify
Rebuttal Witnesses.
On June 19, 2006, the above-named Applicant timely submitted a Motion to Identify Rebuttal
Wifiesses, requesting leave to identify additional rebuttal witnesses to testify at the Board hearing, then
scheduled for July 12 and 13, 2006. On June 26, 2006, the Applicant submitted a Notice of Rebuttal
Witnesses which listed two additional rebuttal witnesses. Both the Applicant and the Objectors expressly
reserved their right to call any witnesses needed for rebuttal testimony in the witness lists they exchanged
at the pre-hearing conference held on June I5, 2006. Pursuant to the Mineral Rules and Regulations of
the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials, Rule 2.8.1,
and the State Administrative Procedures Act, C.R.S. § 24-4-01, et seq., every party to an administrative
proceeding has the right to submit rebuttal evidence. Also, an administrative agency may hear all
evidence that has probative value. C.R.S. § 24-2-105(7).
Moreover, on July 7, 2006, the Applicant and Objectors provided a written, joint stipulation
which stipulates that the Objectors will not object to the Applicant's rebuttal witnesses at the Board
hearing. Therefore, the Division believes that the Board has the discretion to heaz rebuttal testimony from
both the Applicant and the Objectors, including rebuttal testimony of witnesses not specifically listed on
the parties' witness lists exchanged on June I5, 2006.
Sincerely,
David
Acting Director, Office of Mined Land Reclamation
cc: Harvey W. Curtis
Joseph G. Middleton
Tanya T. Light
Office of Office of Colorado
Mined land Reclamation Active and Inactive Mines Geological Survey