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2003-09-12_REVISION - M2001090
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2003-09-12_REVISION - M2001090
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Last modified
6/15/2021 2:43:05 PM
Creation date
11/21/2007 9:36:47 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001090
IBM Index Class Name
Revision
Doc Date
9/12/2003
Doc Name
Clarification Letter
From
Lafarge West Inc.
To
DMG
Type & Sequence
AM1
Media Type
D
Archive
No
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suit was against the original property and as shown, settled in August <br /> 2002) <br />August 13, 2003 A cover letter and packet from Mr. Schreiner was sent to all parties <br /> conceming the Pre-hearing Conference set for 10:00 A.M. on August 28, <br /> 2003 and the formal Public Hearing scheduled for September 23 - 24, <br /> 2003. <br />August 19, 2003 Lafarge response letter concerning the O'Dell's objection letter. A copy <br /> of this was sent by facsimile to Mr. Tremaine on August 25, 2003 and is <br /> acknowledged as received in Mr. Tremaine's August 27, 2003 <br /> correspondence. <br />August 27, 2003 Facsimile from Mr. Tremaine to the DMG concerning the Pre-hearing <br /> Conference. In this letter, Mr. Tremaine outlined his rationale for not <br /> being able to be at the hearing, conference in by phone, and not <br /> reschedule before the September 2, 2003 deadline. <br />August 28, 2003 Pre-hearing Conference at the DMG with Mr. Schreiner, Mr. Brown, Ms. <br /> Sandy Brown, Gary Tuttle, and John Rozelle. At this conference, <br /> Lafazge agreed to try to conference with Mr. Tremaine by phone. Mr. <br /> Tremaine's paralegal, Karen Dierkes, indicated that Mr. Tremaine was <br /> not available. <br />September 10, 2003 Two letters sent to the DMG by facsimile from Mr. Tremaine detailing <br /> why he believes that his clients should still be granted party status. <br />As indicated above and during the entire permit amendment process, Lafarge has complied with <br />all of the applicable Rules and Regulations and has in fact offered additional opportunities to Mr. <br />Tremaine over-and-above those outlined in the Rules and Regulations. This coupled with the <br />baseless claims concerning the Legal Right-to_Enter made by Mr. Tremaine are the reasons that <br />Lafarge does not believe party status should be granted to the O'Dells. <br />Original Permit Timeline <br />March, 2001 Halsnes v. More lawsuit filed. Source of so-called Legal Right-to-Enter <br />September, 2001 <br />December, 2001 <br />December, 2001 <br />February, 2002 <br />July, 2002 <br />August, 2002 <br />September, 2002 <br />September, 2002 <br />July, 2003 <br />"cloud" noted by O'Dell. <br />Original DMG application submitted <br />Halsnes petitions MLRB for party status due to missed objection <br />deadline. Denied by MLRB. <br />Halsnes v. More trial and bench order <br />Halsnes v. More written order by Judge <br />Party settlement on Judge's order <br />Judge dismisses lawsuit based on settlement <br />Halsnes letter to DMG confirming settlement and lawsuit dismissal <br />(enclosed) and support of application <br />DMG staff approves original application <br />DMG issues permit for original 105-acre property <br />As seen above, the timing of the approval by DMG staff for the original 112 permit application <br />correctly corresponds with the dismissal of the lawsuit. II is interesting to note that a party status <br />issue was heard and denied by the MLRB in the original application. <br />
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