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0 • /X <br /> RW: Ok, then just acknowledge initial acceptance of this document and you' re saying <br /> that it ought to be of this sort, is it possible that after receiving this <br /> original that we could make a copy and return it o r is it your recommendation <br /> that we keep this copy. <br /> WJ: Well , I 'd just as soon have you keep the original and, <br /> G: If you wish. <br /> RW: Will , would you, would you respond to the question of Board action on other <br /> items, that has some resemblance related to referral or questions-- of notice <br /> which we had yesterday. <br /> WJ I think yesterday we had a much different situation. Yesterday, there was <br /> no attempt whatsoever made to notify any one and in this particular case there <br /> have been not only attempts to notify those people that were supposed to have <br /> been the owners but were not in fact but there were actual letters sent out <br /> to either representatives or parties intimately involved with the person <br /> who was the actual owner and it may well have satisfied finding of actual notice, <br /> in fact , consequently, the failure to notify the owner thru the proces sof <br /> mailing a letter is debatable. since it in fact , notice was given. <br /> RW: Ok, there' s a motion to table or some such, we do have a motion before us. <br /> LB or JS: The motion is to grant the permit , $7000 bond and with the <br /> RT: They would recognize the jurisdiction for the crossing was not in <br /> G: Did you make a finding of actual notice, I think that ' s important. <br /> WJ or G: 1 think what you' re going to have to do is commit yourself to <br /> RW: I assume, the Board's response might indicate how its found. <br /> G: Don' t be so passive, just come right out and say it. Just make a finding. <br /> SB: Mr. Chairmanm I move that the Board does make a finding that acceptable notice <br /> has been made in good faith and that the intent of the law has been done. <br /> RW: We've sat in on the amendment and all those in favor of the amendment , raise <br /> their hand, amendment carries 4 to 0. Now the initial amendment and motion has <br /> been amended. Do you have anythin you wish to say, Mark? All those in favor <br /> of the motion as amended, raise their hand. Motion carries 4 to) . Ok, <br /> G: Excuseme, I 'd like to get on the record at this point there' s a provision in <br /> the Revised statute that I 'm permitted to request of you postponement of the effec- <br /> tive date of any permit. In lieu of that , I am also permitted to go to court. <br /> and have them order that effective date of an order, be postponed. We' re un- <br /> certain at this time if it ' s proper to do so, but I would like to get on the <br /> record and at this time a request that you postpone the effective date of this <br /> order giving us a period of 5 weeks, in order to accumulate evidence to present <br /> to you in respect to this application so that the rights of our clients could <br /> be protected. <br /> G: It;s C.R.S. 24-4-106 Subsection 5, pursuant to that section I would request that <br /> you postpone the effective date of this order of the Board for a period of 5 wks. <br /> ?: What does it say, that section <br /> ?: I don' t have a copy of C.R.S. in front of me at this port , It pertains to <br /> the Board. <br /> ?: It pertains generallyto part of the administrative procedure act in the state <br /> MC: I think we should see it before any action, I think specific language in that <br /> provision should be brought to the attention of the Board in order for that motion <br /> to be intelligently acted upon. <br /> RW: This is not a motion of the Board, I think we ought to request that we have a <br />