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indexed in anticipation of segregating important evidentiary documents for the hearing. <br /> The Operator, Permit Holder and their chosen counsel have a legal right to adequate time <br /> to prepare. <br /> 25. Re-opening of the hearing record would not be prejudicial to the Division or the Board's <br /> interests, as the Western Flagstone Quarry remains under a Cease and Desist, as later <br /> modified by Division to allow certain production and transportation operations. The <br /> irrigation operations and facilities within the permit area remain under Cease and Desist. <br /> 26. Re-opening the hearing record under the circumstances presented would protect the <br /> integrity of any final decision of the Board. <br /> WHEREFORE, Western Slope Flagstone, LLC and Rudy Fontanari request the <br /> following relief: <br /> (A) For a re-opening of the hearing record for the presentation of the defense case and <br /> Division rebuttal; <br /> (B) For a pre-hearing conference to achieve the objectives stated in the Hard Rock Rules; <br /> (C) For a stay of the corrective actions ordered on August 21,2019, and for a further stay <br /> of civil penalties and bond increase until the defense case is heard and a final decision <br /> rendered by the Board; the cease and desist as to irrigation activities within the permit <br /> area to remain in place. <br /> (D) For a prompt re-scheduling of the re-opened hearing allowing adequate and suitable <br /> time for new counsel to prepare. <br /> SIGNED AND SUBMITTED this 19TH day of September, 2019 <br /> 7 <br />