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I i 2. Provided that the date'for the Formal Boazd Hearing is continued from July 12, and July 13, 2006, Applicant will not oppose Objectors' use of rebuttal witnesses. 3. The Parties agree that pursuant to Rule 2.8.1 "every party to the proceeding shall have the right ... to submit rebuttal evidence." The Parties agree that such rebuttal exhibits shall be exchanged between them 1 S days prior to the Formal Board Hearing. 4. In consideration for the Objectors' agreement not to object to the Applicant presenting the rebuttal witnesses identified in paragraph no. 1, above, and Applicant's agreement not to object to Objectors' rebuttal witnesses as stated in paragraph no. 2, above, attd to the exchange and presentation of rebuttal exhibits as set forth in paragraph no. 3 above, the Applicant respectfidly requests that the Formal Board Hearing scheduled for July 12 or 13, 2006 be continued until the Board's meeting on August 16 or 17, 2006. 5. The Parties agree that this Stipulation is null and void in the event that the Boazd denies the Applicant's request to continue the Formal Board Hearing until August 16 or 17, 2006. 6. The Parties agree that if the Formal Board Hearing is continued until August 16 or 17, 2006, then all responses to pending motions pursuant to Role 26(1) will be due on August 13, 2006. 7. A proposed Order is attached hereto. Respectfully submitted this 7'~` day of July, 2006. TEMKIN WIELGA HARDT & LONGENECKER LLP HARVEY W. CURTIS & ASSOCIATES By: $y. Scott W. Hardt, Esq., #18826 Joseph G. Middleton, Esq., #35964 1900 Wazee Street, Suite 303 Denver, CO 80202 ATTORNEYS FOR APPLICANT ALLEN DRHJ.ING AND EXCAVATION COMPANY, INC. W. Curtis, Esq., #8246 via L. Kueter, Esq., #26136 Sheela S. Stack, Esq., #32768 8310 South Valley Highway, Suite 230 Englewood, CO 80112 COUNSEL FOR OBJECTORS, ROBERT WHITE, KENT ROLF, FRED WISELY AND CURT SAYER