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<br />jo : 1~~MS <br />/~-y~tM <br />BEFORE THE MINED LAND RECLAMATION BOARD, <br />COLORADO DNISION OF MINERALS AND GEOLOGY, <br />DEPARTMENT OF NATURAL RESOURCES <br />Boazd Address: 1313 Sherman Street, Room 318 <br />Denver, Colorado 80203 <br />Applicant: Allen Drilling and Excavating Company, Inc. Permit Application No.: <br />Objectors: Robert White, Kent Rolf, Curt Sayer and ~I-2005-080 <br />Fred Wisel <br />ATTORNEYS FOR APPLICANT: <br />Scott W. Hazdt, #18826 <br />Joseph G. Middleton, #35964 <br />Temkin Wielga Hardt & Longenecker, LLP <br />1900 Wazee Street, Suite 303 <br />Denver, CO 80202 <br />Phone: (303) 292-4922 <br />www.twhlaw.com <br />~Ti f ~e NOTICE OF REBUTTAL EXHIBITS <br />Applicant Allen Drilling and Excavating Company, Inc., ("Allen") by and through its <br />attorneys, Temkin Wielga Hazdt & Longenecker LLP, submits this Notice of Rebuttal Exhibits, <br />identifying additional exhibits which Allen may use at the upcoming Mined Land Reclamation <br />Boazd ("Boazd") hearing regarding the above-captioned application. In support thereof, Allen <br />states the following: <br />1. This Notice is submitted in accordance with Objectors Kent Rolf s, Curt Sayers, <br />Robert White's and Fred Wisely's ("Objectors") and Allen's Joint Stipulation to Allow Rebuttal <br />Evidence and to Continue the Date for Formal Boazd Hearing ("Stipulation"), which was filed <br />with the Boazd on July 7, 2006. In that Stipulation, the parties agreed not to oppose either <br />party's introduction of additional rebuttal exhibits and to exchange rebuttal exhibits 15 days prior <br />to the formal Boazd hearing. <br />2. In response to the parties' requests to identify additional rebuttal witnesses and <br />exhibits, the Division of Minerals and Geology ("Division"), in July 13, 2006 correspondence to <br />the Board from David Berry, explained that the Board has discretion to heaz additional rebuttal <br />evidence provided by the pazties in accordance with the parties' Stipulation. <br />3. Pursuant to the parties' Stipulation and the Division's Correspondence, alist of <br />rebuttal exhibits is attached hereto as Exhibit A, along with copies of the referenced documents. <br />Permit #: _ ~ fi 00 ~ ~OIS O Confidental?: <br />From:13jJ <br />Doc. Name <br />Doc. Date <br />Specialist: <br />