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• , iii iiiiiiiiiiiiiiii RECEBVE® llP2 !' 1984 STATE OF COLORADO MINED LAND RECLAMATION DIVISION Colo. Dept. of Natural Resources BEFORE THE MINED LAND RECLAMATION BOARD PERMIT NUMBER 77-141 IN THE MATTER OF THE APPLICATION OF ANDESITE ROCK COMPANY LANDOWNER'S STATEMENT OF ISSUES IN DISPUTE LANDOWNER hereby submits the following list of issues in dispute: 1. Was the notice given to the Landowner by Andesite in the 1981 permit proceeding deficient? See 34-32-112(10)(c), CRS 1973, as amended. Regulations 2.22(5). See also Patterson v. Industrial Commission, 39 Colo. App. 255, 567 P2d 385, 387 (1977). 2. Assuming that the notice was deficient, is the 1981 permit invalid? See City and County of Denver V. Eggert et al ., Colo. 647 P2d 216 (198 o y eve opment, nc. v. oar o ounty CCommissioners, 140 Colo. 95, 342 P2d 1032 1959 . 3. Must the Board deny this application? See 34-32-115(4)(a), (c), (g). Note: Applicant bears the burden of proof with respect to each of the items set forth herein. MLRB Regulation 9.1. 4. Is the application incomplete (34-32-115(4)(a), CRS 1973, as amended,) because: a. It fails to adequately describe or explain why reclamation of 27 acres of Niwot Soil Land should he reclaimed as cattle range land and not as hay meadow? See 34-32-112(3), CRS 1973, as amended. b. It fails to describe how the reclamation plan will rehabilitate the affected land with respect to the Niwot Soils Area? See 34-32-112(3)(d), CRS 1973, as amended. c. t4LRB Regulation 2.12(4) requires the applicant to submit a mining plan and states: "The mining plan shall supply the following information, correlated with the affected lands, map(s) and timetables: ...(e) a timetable shall be required to help describe the mining operation in terms of: (i) An estimate of the periods of time which will be required for the various stages or phases of the operation. (ii) A description of the size and location of each area to be worked during each phase. -1-