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FZZ 7- <br /> . ..gyp - <br /> t <br /> ' NOV ? / <br /> Permit M-1996-076/Board Resolution and Order of August 21,2019 rwUaNCArsD SAFETY <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> IN THE MATTER OF THE HEARING BEFORE THE MINED LAND RECLAMATION <br /> BOARD ON AUGUST 21,2019 <br /> MOTION/PETITION TO STAY BOARD DECISION OF NOVEMBER 13,2019 AND TO <br /> RE-SCHEDULE ORAL ARGUMENT FOR DECEMBER BOARD MEETING DUE TO <br /> UNAVAILABILITY OF COUNSEL,LACK OF NOTICE; REQUEST FOR <br /> CLARIFICATION AS TO MOTIONS HEARD ON NOVEMBER 13,2019 <br /> COMES NOW Western Slope Flagstone(WSF or"Western Slope") and Rudy Fontanari <br /> ("Fontanari") holders of Permit M-1996-076 (Permit) and Rudy Fontanari, Operator, by and <br /> through counsel of record, John R. Henderson, Law Offices of John R. Henderson, P.C. and <br /> moves/petitions the Board for a Stay of its Decision on certain Fontanari Motions and a DRMS <br /> Motion pending oral argument to be set at the December Board Meeting, as grounds therefore <br /> Fontanari states as follows: <br /> 1. The Board convened on November 13, 2019. The November meeting date was set 7-10 <br /> days earlier than the prior 3 Board meetings. At the time the hearing was convened, <br /> counsel was in a Boulder auto repair shop with 3 winter driving systems disabled. <br /> Fontanari was in Palisade; to reach Denver, he must leave Palisade by 4am in the <br /> morning in good weather conditions. Neither counsel nor Operator had received Notice <br /> that the pending motions had been placed on the agenda, despite multiple opportunities to <br /> inform counsel and operator, which might have allowed other arrangements to be made, <br /> or, a timely motion for continuance filed. <br /> 1 <br />