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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />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 />The Mined Land Reclamation Board ("Board") is scheduled to hear the above <br />captioned matter during its November 17 - 18, 2010 Board meeting. The Board issues this <br />Order in response to two separate requests from JoEllen Turner and Michael Morgan (the <br />"Objectors"). <br />1. The Board received a request for a prehearing conference from Western Fuels on <br />October 25, 2010. On October 28, 2010 at a specially called and noticed teleconference <br />meeting, the Board appointed Bruce Stover to act as a prehearing conference officer to act on <br />the Board's behalf. Western Fuels, the Objectors, and others listened to the teleconference <br />meeting. Because the Objectors do not have electronic mail, the Board's secretary called the <br />Objectors on October 27, 2010 to inform them about the specially called Board meeting. <br />2. A prehearing conference was held on November 3, 2010. Representatives from <br />Western Fuels and the Division attended in person. The Objectors participated via <br />telephone. The prehearing conference lasted for over an hour and a half. All of the parties <br />fully participated. <br />3. On November 2, 2010, the Board was forwarded a request from JoEllen Turner and <br />Mike Morgan. The Objectors requested that they be allowed to participate in the November <br />17, 2010 hearing via Skype. Skype is a video conference system available through the <br />internet. The Board cannot accommodate Skype participation during a formal public <br />hearing. The Objectors must attend the hearing in person. <br />4. On November 8, 2010, the Board received another request from the Objectors. <br />Among other things, the Objectors request that the November 17, 2010 hearing date be <br />extended by 30 days. The Division and Western Fuels submitted responses to this request on <br />November 8, 2010. Both the Division and Western Fuels object to granting the 30-day <br />extension to the hearing date. <br />5. Both the Division and Western Fuels cite § 34-33-119(5), C.R.S., and Rule 2.07.4(3) <br />of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining. Section 34-33-119(5) states "[i]f a formal hearing is requested, the Board shall hold <br />such hearing in an appropriate location no later than 30 days after said request ...." Here, <br />Western Fuels <br />Order <br />C-1981-008