Laserfiche WebLink
36. Testimony by Fontanari and others concerning the subsidence repairs by Snowcap <br /> within the permit area, including, but not limited to, a lack of intent to flood those areas with <br /> irrigation water; <br /> 37. Testimony to resolve the issue of the party or parties named in the 112 Permit, <br /> and whether or not a corporate party is involved, which remains unclear from the record. <br /> 38. Testimony by Mr. Beckwith as a witness to the events described in the Order, and <br /> his efforts to insist upon representation of Fontanari at the Board hearing, and, his request for a <br /> continuance, and, as to the availability of new counsel for the September 2019 hearing. <br /> 39. Testimony by Mr. Beckwith regarding the legal right of Fontanari to irrigate in <br /> this area, and Fontanari's basis for believing that irrigation of un-mined areas was permitted by <br /> the terms of his conversion 112 permit; <br /> 40. Testimony by Mr. Beckwith as to statements purported to be made by him to <br /> Division employees and others, and as to claims that he was an "associate" of Mr. Fontanari. <br /> 41. Lay testimony by Fontanari and others as to his lack of intent to incidentally drain <br /> water into the test pits within the permit area. <br /> 42. Testimony by Division witnesses on cross examination, which cannot be fully <br /> illuminated at this time, since the witnesses were not cross examined by Mr. Fontanari and Mr. <br /> Grosse, who were incapable of such cross examination. <br /> D. EXPLANATION AS TO WHY FACTS WERE NOT KNOWN AT THE <br /> TIME OF THE HEARING. <br /> 43. Fontanari incorporates here by reference the entirety of his Motion to Re-Open, <br /> with exhibits, including correspondence between Mr. Beckwith and counsel for Division where <br /> Mr. Beckwith made it clear that he could not be present, and requesting a continuance. <br /> 8 <br />