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~ iii iiiiiiiiniiiiu ~ <br />BENDELOW & DARLING, P.c. <br />Attorneys at Law <br />Via telefax (3031832-8106 <br />November 6, 1996 <br />RECEIVED <br />NOV 12 9996 <br />Mr. Larry Oehler <br />Environmental Protection Specialist <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman St., Room 2215 <br />Denver, CO 80203 <br />DiyiFian ar Minar~~. x t-;'agl~0y <br />Re: Easements -Source of Legal Right to Enter <br />United/Norwood Gravel Pit, File No. M-88-037, Amendment No. 1 <br />Deaz Mr. Oehler: <br />Stephen B. Johnson <br />This will respond to your letter to me of October 24, 1996 which I received in my office October 30, <br />1996. In your letter, you indicated that various (unspecified) exhibits recently forwarded by my office <br />to the Division and parties would not be admitted as exhibits for purposes of the heazing, except to the <br />extent that they "relate to the easement issue." I request that you promptly specify which exhibits you <br />feel would not be admissible. I certainly would have appreciated a prior discussion with you as to <br />whether or not these exhibits do in fact relate to or are relevant to easement issues. <br />(You have subsequently refused to return my call in follow-up to your letter, instead referring me to the <br />Division's counsel, Ms. Linden. I must, in turn, say that I believe it was improper for you to undertake <br />independent discussion and characterization of the admissibility of the exhibits with the hearing <br />officer, insofar as the Division now obviously considers itself to have separate party status in this <br />proceeding.) It is Ms. Altshuler's position that each exhibit recently forwarded to you is relevant, in <br />part, to the easement issue matter, for reasons that will be explained more fully at the hearing. <br />In your letter you state that "Unless the full Board makes changes to order of the hearing <br />acconunodating new odes, the witnesses and exhibits will most likely be limited to those accepted at <br />the Pre-Hearing Conference, and any new ones regarding easements." You appazently fail to recall <br />THE CHANCERY, 1120 Lincoln Street, Swte 1000, Denver, Colorado 80203. (303) 837-9600. Fax (303) 860-0311 <br />BLACK BEAR CONDOMINIUM#~01A,101E.ColoradoAve.,P.O.Box726,Telluride,C081435. (970)728-4300. Fax (970)728-5955 <br />