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2009-06-22_ENFORCEMENT - M1980246
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2009-06-22_ENFORCEMENT - M1980246
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Last modified
8/24/2016 3:48:02 PM
Creation date
6/24/2009 8:45:59 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980246
IBM Index Class Name
ENFORCEMENT
Doc Date
6/22/2009
Doc Name
Draft pre-hearing order
From
MLRB
To
Hocker Construction, LLP and Anthony & Wilma Zellitti
Email Name
KAP
Media Type
D
Archive
No
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At the pre-hearing conference the issues listed below were deemed outside the scope of <br />this hearing. The Objectors will ask the Board to consider them. Ten minutes will be <br />allowed for discussion of the objector's request to consider these additional issues. <br />a. The Objector's are contending they were not properly notified regarding Amendment <br />AM-1 and acreage reduction AR-1 approved on October 20, 2005. <br />b. Zellitti Properties were not shown on the map submitted in the original amendment <br />application as the partial adjacent landowner of the current permit. This map was <br />corrected during the Amendment No. 2 review process. <br />c. The Zelliti Properties object to a lease between the permittee (Anthony Zellitti) and the <br />Operator (Hocker Construction) who is conducting mining operations at the site. <br />Objectors claim that the lease misrepresents Anthony and Marilyn Zellitti as the sole <br />property owners of the permitted area. <br />2. Division's Introduction: <br />The Division shall have 10 minutes in which to present an overview of the application. <br />3. Applicant's/Operator's Presentation: <br />The Applicant and Operator shall have 60 minutes combined in which to make a <br />presentation to the Board. Witnesses maybe cross-examined following their testimony. <br />4. Objector's Presentation: <br />The Objector's shall have 30 minutes in which to make a presentation to the Board. <br />Witnesses maybe cross-examined following their testimony. <br />5. Division's Presentation: <br />The Division shall have 20 minutes in which to make a presentation to the Board. <br />Witnesses maybe cross-examined following their testimony. <br />6. Rebuttal Statement -Applicant's/Operator's: <br />The Applicant and Operator shall have 30 minutes combined to make a rebuttal <br />statement. <br />7. Rebuttal Statement -Objector's <br />The Objector shall have 30 minutes to make a rebuttal statement. <br />8. Rebuttal Statement -Division <br />The Division shall have 10 minutes to make a rebuttal statement. <br />3 <br />
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