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~r J <br /> <br />BEFORE THE MINED A D RECLAMATION <br />BOARD, COLORADO DIVISION OF MINERALS AND <br />/ <br />N Z <br />GEOLOGY, DEPARTMENT OF NATURAL ~J <br />RESOURCES ~~ <br />.kj /p'~visiooofM~ne~ <br />Board Address: 1313 Sherman Street, Room 318 <br />Denver, Colorado 80203 <br />Applicant: Allen Drilling and Excavation Company, Permit Application No.: <br />Inc. M-2005-080 t/ <br />Objectors: Robert White, Kent Rolf, Curt Sayer and <br />Fred Wisel <br />ATTORNEYS FOR APPLICANT: <br />Scott W. Hazdt, #18826 <br />Joseph G. Middleton, #035964 <br />Temkin Wielga Hardt & Longenecker, LLP <br />1900 Wazee Street, Suite 303 <br />Denver, CO 80202 <br />Phone: (303) 292-4922 <br />www.twhlaw.com <br /> <br />MOTION TO IDENTIFY REBUTTAL WITNESSES <br />Applicant Allen Drilling and Excavating Company, Inc., ("Allen") by and <br />through its attorneys, Temkin Wielga Hardt & Longenecker LLP, hereby submits this <br />Motion to the Mined Land Reclamation Board ("Boazd") requesting leave to identify <br />additional rebuttal witnesses who will testify before the Board regarding the above- <br />caption application, and in support thereof states the following: <br />1. A pre-heazing conference was held on June 15, 2006 at the Fairplay Town <br />Hall to discuss the issues to be considered by the Boazd at the formal hearing for the <br />above-captioned application. At this conference, counsel for Objectors Robert White, <br />Kent Rolf, Curt Sayer and Fred Wisely submitted a list of 16 potential witnesses. That <br />list included at least four purported "expert" witnesses who may testify on various <br />undefined issues related to Allen's hydrologic "engineering evaluation." Objectors' <br />counsel also provided more than a dozen exhibits relating to these witnesses, which had <br />never before been provided to either Allen or the Division of Minerals and Geology. <br />2. At the pre-hearing conference, Allen submitted a list of potential witnesses <br />it may call to testify at the formal Boazd hearing, which expressly reserved the right to <br />call any additional witnesses necessary for foundation, rebuttal, cross-examination or <br />impeachment. <br />~.D <br />Z~~ <br />s and tieoloBY <br />