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RECEIVED <br /> Permit M-1996-076/ Cease&Desist Order,July 12, 2019 <br /> SEA 2 3 2019 <br /> BEFORE THE MINED LAND RECLAMATION BOARD DMSION OF RECLAMATION <br /> MINING AND SAFELY <br /> IN THE MATTER OF THE HEARING BEFORE THE MINED LAND RECLAMATION+' <br /> BOARD ON AUGUST 21,2019 <br /> MOTIONIPETITION TO RE-OPEN RECORD FOR PRESENTATION OF DEFENSE <br /> CASE BY WESTERN SLOPE FLAGSTONE, LLC-RUDY FONTANARI, FOR <br /> SCHEDULING OF PRE-HEARING CONFERENCE AND FOR A STAY OF REQUIRED <br /> CORRECTIVE ACTIONS, BOND INCREASE AND ASSESSMENT OF CIVIL <br /> PENALTIES DUE TO LACK OF REPRESENTATION BY LEGAL COUNSEL <br /> COMES NOW Western Slope Flagstone, LLC, (WSF or "Western Slope") and Rudy <br /> Fontanari ("Fontanari") holders of Permit M-1996-076 (Permit) and Rudy Fontanan, Operator, <br /> by and through counsel of record, John R. Henderson, Law Offices of John R. Henderson, P.C. <br /> and moves/petitions the Board to Re-open the Hearing Record for Presentation of Defense Case, <br /> to Schedule a Pre-Hearing Conference and for a Stay of Required Corrective Actions, Bond <br /> Increase and Civil Penalties Due to Lack of Representation of Permittee, Operator and witnesses <br /> by Legal Counsel. As grounds therefore, Western Slope Flagstone, LLC and Fontanari state as <br /> follows: <br /> 1. Mr. lames Beckwith, Attorney at Law, has functioned as the attorney for Rudy Fontanari <br /> and Western Slope Flagstone, LLC for approximately 5 years. <br /> 2. In this matter, the Cease and Desist Order, Reason to Believe Letter and July 12 <br /> Inspection Report were e-mailed to Beckwith as an "FYI' by Scott Schultz, AG for the <br /> Division ("Schultz") on July 12, 2019 (Exhibit A at 1). On July 13, Beckwith contacted <br /> Scott Schultz identifying himself as an attorney. (Exhibit A at 2). <br /> 1 <br />