2017-05-25_REVISION - C1981041 - Laserfiche WebLink

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89 1 We'd like the plan to be a little bit 1 PowerPoint on here. Sorry, guys. I know you all came 2 broader, and that's our objection. 2 here to see me copy a PowerPoint over onto the desktop. 3 W. VAN NOORD: Thank you. 3 MR. ROBERTS: Your time is running 4 MR. SCHULTZ: I just want the record to 4 there, Jim, so -- 5 be clear in terms of this is Mr. Beckwith's -- this is 5 MR. STARK: That's okay. I think we 6 him making argument. 6 have enough time. Thank you. 7 MS. VAN NOORD: Argument, absolutely. 7 MR. SIN=ARY: Cut him down a little 8 MR. SCHULTZ: This is not testimony. He 8 more, then. 9 did not even cross the applicant's expert, and he 9 MR. STARK: I've got two teenage to provided no testimony about any sort of ERT testing, 10 daughters. I talk really fast if I need to. I can't 1i any sort of witnesses whatsoever. So -- 11 listen very fast, but I can talk fast. 12 MS. VAN NOORD: I understand. 12 MR. BECKWITH: That never helped, Jim. 13 MR. SCHULTZ: I'm not sure if he wants 13 MR. STARK: Okay. I figured you were 14 to open himself up to cross, but that is purely 14 waiting on me. 15 argument. 15 REBUTTAL PRESENTATION 16 MS. VAN NOORD: I understand. It was 16 MR. STARK: For the record, my name is 17 zore along the lines of what I felt should have been 17 Jim Stark. Again, I'm a senior environmental 18 presented at the beginning as an opening statement, and 18 protection specialist with the Division, and this is 19 I'm taking it as the argument. 19 the Division's rebuttal to what we've heard yesterday 20 MR. SCHULTZ: Clearly understood. Thank i20 and today. 21 you. 21 There was some discussion from Mr. Carey 22 MR. BECKWITH: May the record reflect, 22 about subsidence. I just wanted to reiterate that 23 the prehearing order doesn't provide for opening 23 mining at the Roadside south portal area was room-and- 24 statements. 24 pillar mining. And, again, roar-and-pillar mining by 25 MS. VAN NOORD: Well, it provides for -- 25 the act and the rules allows for controlled subsidence 262 264 1 MR. BECKWITH: Not from the objectors. 1 of the area. 2 MS. VAN NOORD: It provides for a 2 Again, under the act -- 3 presentation of your argument. 3 MR. BECKWITH: I'm going to object to 4 MR. BEC94ITH: I understand that. 4 this. I'm sorry. This is legal argument. This is not 5 MS. VAN NOORD: So I was just asking for 5 rebuttal evidence and rebuttal testimony as required 6 a conclusion on that. 6 under rebuttal restrictions. The Number -- F, "The 7 MR. BECKWITH: Understood. 7 Division shall have 1 hour to make a rebuttal 8 MR. ROBERTS: So just to bring us back 8 statement, and shall be limited to responding to issues 9 to where we are -- find out where we are. Looks like 9 addressed in the presentations of the parties." None to we are coupleted now, Jill, with the objectors' to of the parties have argued these statutes. 11 presentation? 11 MR. SCHULTZ: Well, the statutes are 12 MS. VAN NOORD: Yeah. 12 relevant to why we're here for the application for 13 MR. ROBERTS: All right. So we will 13 TR-69, and also subsidence was clearly, I guess, gone 14 proceed to F after a break. Board Chair, going to take 14 into by Mr. Carey and Mr. Stutz's presentations. 15 a break? 15 MR. BECKWITH: They went into it -- they 16 MR. SINGLETARY: We'll go to five 16 went into it relative to a factual matter, not relative 17 after. 17 to legal argument. The witness is not qualified to 18 MR. BECKWITH: Thank you. 18 legally argue these statutes. I'm sorry. 19 (Break from 10:49 a.m. to 11:07 a.m.) 19 MR. SINGLETARY: I'm going to overrule 20 MR. SINGLEPARY: Let's reconvene. Who's 20 you. I'm going to overrule you on that. We're going 21 up next? 21 to -- 22 MR. SIN=ARY: We're on F. 22 MR. SCHULTZ: I'll just clarify that 23 MR. SIN(g,ETARY: We're on F. Division's 23 this isn't legal argument. This is the statute. This 24 rebuttal. 24 is the statute and the rules. 25 MR. STARK: I need to put another 25 MR. SINMTARY: Right. 263 265