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~ • • <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COIARADO <br />OPERATOR'S OBJECTION T'O SECOND SUPPC,EMENTAL PREHEARING ORDER <br />IN THE MATTER OF CASTLE CONCRETE COMPANY, SNYDER QUARRY AMENDMENT, <br />Permit Number M-77-210, AM-03, <br />COMES NOW the Operator, Castle Concrete Company, a Colorado <br />Corporation (Castle), by and through its attorneys, EVANS b BRIGGS, by G. Scott <br />Briggs, Esquire, and objects to the Second Supplemental Prehearing Order dated <br />July 6, 1989, entered by Luke J. Danielson, Chairman and Prehearing Ofi'.icer, a <br />copy of which is attached as Exhibit 1. <br />AS G1~UNDS, WHEREFORE, hl~ULD STATE AND ALLEGE as follows: <br />1. The Second Supplenental Prehearing Order was transmitted in the <br />letter of Fred R. Banta, Director of the Mined Land Division, dated Ju:Ly 7, <br />1989, postmarked July 8, 1969, and received by EVANS & BRIGGS as Castle's <br />attorney on July 10, 1989, a copy of which letter is attached hereto a:; Exhibit <br />2. <br />2. The Supplemental Prehearing Order dated June 29, 1989, wt3s mailed <br />to EVANS S BRIGGS with another letter of Fred R. Banta, dated July 6, :_989, <br />postmarked July 8, 1989, and received July 10, 1989. The Supplemental Order <br />provided a deadline for Exhibits and additional witnesses by 5:00 p.m. on July <br />11, 1989. <br />3. Since the Board had previously issued its Order on May 2~1, 1989, <br />limiting issues introducing this new issue of off site impacts due to rock <br />slides after Castle has completed its case in chief and shortly before hearing <br />is prejudicial to the Operator and denies it due process. All applic~~nts must <br />be afforded due process of law under C.R.S. 24-4-105. <br />4. Due process of law has been defined as at least twenty d<jys notice <br />of the Hearing and the matters of fact or law asserted, C.R.S. 24-4-10:i(2). <br />5. Castle objects to this new issue being added with less tJ~an forty <br />eight (48) hours to endorse and designate new witnesses or exhibits. <br />6. The test of procedural due process is fundamental fairne:;s in <br />light of total circumstances. Due process requires adequate notice of opposing <br />claims and a reasonable opportunity to prepare and meet them. See Samna Chi <br />Page 1 of 2 <br />