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i • RODERICK E. LAh1DWEHR • ~~.D~[!l~O MAI LDI.r OP •~iD.. ~tTORN EY 4T VW Mr. Steve Brown September 18, 2001 Page Three in addition to the foregoing, Mr. Steve Renner, project manager in the Grand Junction office of the Division, has made an inspec- tion of the property for the purpose of ultimately designing a remediation plan to correct, to the extent possible, the effects of the prior violation of permit by Colorado Yule Marble Company. It is my understanding that the Division has forfeited the financial security of Colorado Yule Marble Company, which is available to fund a remediation plan. However, as of the present time, it is my understanding that Mr. Renner has not reduced to writing the plan of remediation which would be utilized to rectify the issues raised by the McIntyres, specifically with respect to the claim of a continuing nuisance. The reason for this appears to be the Division wishes to await the outcome of this litigation before undertaking the remediation work. Since there is no current plan for the remediation, OMYA, Inc. believes it to be necessary to call Mr. Renner as a witness in this dispute with the McIntyres to testify as to the general outline of the plan of remediation and its intended results, and whether the existing forfeited security is adequate to undertake such remediation measures. Since there are no written plans for thj.s remediation at the present time which might address these issues, it will be neces- sary for us to call Mr. Renner for actuzil testimony. The sched- uled trial is to commence on October 23, 2001; however, I do not believe that the defendant, OMYA, Inc., would be in a position to initiate its portion of the case until the morning of October 28, 2001, at the earliest. While the trial is scheduled to continue for the remainder of the week, once Mr. Renner'a testimony is complete, he could be released. I would anticipate hie direct testimony to take approximately two houz-s. I cannot anticipate the length of time he might be subject t:o cross-examination by the McIntyres, who are appearing ro se ir~ this matter. Nor can I predict with any precision exactly when hie testimony would be necessary. If you would be so kind as to provide me: with certified copies of the requested documents as soon as possible, I will attempt to eliminate the trespass issues from this case by motion, and if necessary, utilize those records in lieu of testimony of Mr. Oswald at any trial. SOf~J sgaepne~ pog SLST T69 OL6 Ydd LT~6T TO/8T/ft0