_ENFORCEMENT - M1978352 ‎(11)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: AFFIDAVIT OF MARK A HEIFNER 79-CV-1633
• Media Type: D
• Archive: No

1 gravel operation is going to go in here. The fact of the
2 matter is that Eagle River Trust had actual notice. And
3 technical points can be raised but the fact of the matter is,
4 that actual notice was given to the Trust.
5G: Whether or not there may be some sort of general notice that
6 our operation was put in here, I am not in a position to con-
7 cede. Though even if I were to concede, that doesn' t answer
a the point. I understand that Mr. Goldman and Mr. Nottingham,
9 it has been the indication that there was initial publication,
10 which I believe was made, and there was a faulty application.
11 Mr. Goldman I think spoke with Mr. Nottingham, if I understand
12 correctly about this, and Mr. Nottingham' s response was that
13 initial publication was in error. However, he wasn't aware
14 of it or its error whatever, there was a misfiling. There
15 was no subsequent communication or reference to that item and
16 it may have been in error, but the republication was never
17 noticed to our client so he may have been aware of it. He
18 was not aware of the dates and when this thing was going to
19 take place. I was only able to find out after some time that
20 the hearing indeed was going to occur on Thursday, the Gold-
21 mans live out of the state. We didn' t have an opportunity
22 for them to review this or, needless to say, for any landscape
23 architect or engineers which they might want to employ to
24 look this application over, to review this. Without object-
25 ing to its merits, we need the time to take a look at this.
26MH: One thing I wanted to say there' s two notices to adjacent
27 landowners that were sent. out, one to Rio Grande Railroad and
28 the other to Brush Creek and Eagle River Company, both of
29 them were received by the parties they were sent to on Janu-
-20-