1979-04-11_ENFORCEMENT - M1978352

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filing which objects to the granting of a permit shall not be considered by the Board as a petition for hearing unless such intent is expressly stated. " Rules and Regulations, Rule 2 . 3. C. On or about February 16, 1979, a date within the twenty days following the last date of newspaper publication regarding the Nottingham Sand and Gravel application, Mr. Robert Stemwedel, an attorney representing the Plaintiff Eagle River 1978 Trust, submitted a letter to the Mined Land Reclamation Board on behalf of the Plaintiff Trust con- taining certain broad and vaguely expressed objections to the Nottingham Sand and Gravel permit application. Such letter, which will be submitted with Defendants' Memorandum Brief in support of this Motion, contains no request for a hearing before the Mined Land Reclamation Board of any kind. D. As Defendants will demonstrate by appropriate affi- davits, the letter of February 16, 1979 , from Mr . Stemwedel was the only correspondence or document of any kind sub- mitted to the Mined Land Reclamation Board by the Plaintiff Trust or any of the other Plaintiffs with respect to the permit application of Nottingham Sand and Gravel Company. E. On March 1, 1979, Mr. William P. Goldstein, another attorney representing the Plaintiff Trust, appeared at the regular monthly meeting of the Mined Land Reclamation Board and objected to the issuance of a permit to Nottingham Sand and Gravel Company, contending that the Plaintiff Trust had not received notice of the permit application. Defendants will demonstrate by affidavit that neither Mr. Goldstein nor any other representative of Plaintiffs made a request for an adjudicatory hearing of any kind during the March 1 , meeting. F. The undisputed facts will demonstrate that no request for an adjudicatory hearing has ever been made by Plaintiffs regarding the issuance of a permit to Nottingham Sand and Gravel Company. Similarly, the Plaintiffs have -3-