Laserfiche WebLink
PARCEL, 1'lE~UR0, HULTIN & SPAANSTRA, P. C. <br />Colorado Mined Land <br />Reclamation Board <br />December 8, 1993 <br />Page 2 <br />While Basin agrees that an interested person may discuss the <br />allegations contained in the Show Cause Orders, it does not believe <br />this proceeding gives Raton West carte blanche to raise unrelated <br />issues. The Division's May 5 letter to Raton West informed that <br />company of the NOVs and the fact they were unrelated to Raton <br />West's subsidence claims. If Raton West continues to have problems <br />with the manner in which the Division has addressed its earlier <br />allegations, it should follow the procedures set forth at Rule <br />5.02.5, rather than attempt to circumvent the rules by applying <br />directly to the Board for a finding of violation. <br />In short, Basin does not believe Raton West's allegations <br />regarding conflicting land use are properly before the Board at <br />this time. We understand the hearing should be limited to <br />information regarding the alleged pattern of violations as set <br />forth in the Show Cause Orders. Basin is concerned about what <br />preparations it must make for the hearing, including preparation of <br />materials to present for the record. For example, Raton West's <br />petition letter simply states that it will be present at the <br />hearing, and that it "will present testimony of several witnesses <br />relating to violations by Basin." In the event Raton West or other <br />parties are allowed to present evidence unrelated to the Show Cause <br />Orders and alleged pattern of violations, fairness and due process <br />would require that Basin be given an opportunity to request that <br />the hearing be continued, or that it be allowed to submit <br />supplemental evidentiary materials for a reasonable period of time <br />after the hearing. <br />If you have any questions regarding this letter, please call <br />me. <br />Yours truly, <br />HULTIN 6 SPAANSTRA, P.C. <br />H. Desautels <br />cc: Mr. Steven G. Renner <br />Mr. Daniel I. Hernandez <br />Robert F.T. Krassa, Esq. <br />