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<br />1 that document filed by Castle Concrete called Their <br />2 Objection to the Second Supplemental Prehea:^ing <br />3 Order. <br />4 The third thing that there i:;, is this <br />5 operator's request for permit issuance ir. which the <br />6 operator takes the position that because it's been <br />7 more than 120 days since they filed their <br />8 application, that they are entitled, as a matter of <br />9 law, to have the permit issued with no furtkier <br />l0 hearing or any other action proper. And that, <br />11 therefore, that this Board would -- I don't think, if <br />12 we adopted this view, if we would even have to do <br />13 anything. We just -- simply, the permit woL.ld issue <br />14 automatically because more than 120 days have passed <br />15 since the filing or at least it's alleged :acre than <br />16 120 days have passed. <br />17 And then, finally, in addition to <br />16 those matters, there is the matter that Mr. Banta <br />19 raised, wk:ich is that the staff has apparently, a: <br />20 least partly as a result of the statements made by <br />21 Mr. Nagel, who was here at the las^. hearing -- I <br />22 don't see him here today -- conducted some <br />23 inspections up at the site, has discovered that tk:ere <br />24 is reason to believe that violations of the permit <br />25 and of the law r.ow e:cist at the site. <br />9 <br />MIDYETT REPORTING SERVICE <br />(303) 424-2217 <br />