Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />IN THE MATTER OF WESTERN FUELS— COLORADO LLC, NEW HORIZON <br />MINE, PERMIT No. C- 1981 -001 <br />APPLICANT'S OBJECTION TO REQUEST FOR EXTENSION <br />Western Fuels Colorado, LLC ( "WFC ") opposes the request filed by JoEllen Turner and <br />Mike Morgan (the "Objectors ") to delay the formal hearing in this matter by 30 days. <br />WFC does not object to the Objectors' separate request to delay the date to exchange <br />witness and exhibits lists, however it is a little disconcerting that this request was granted <br />without giving WFC an opportunity to respond. WFC notes that the original date to <br />exchange such documents (Monday November 8) was given to all the parties during the <br />Pre - Hearing Conference, so the claim of the Objectors not to have heard of this date until <br />Saturday, November 6 is not true. <br />Extension of the formal hearing date would be improper. WFC does not know what the <br />Board's usual practice is in scheduling formal hearings regarding contested coal permits. <br />However, the statutory language does not appear to permit extensions of time. CRS 34- <br />33- 119(5) says the Board "shall hold such hearing in an appropriate location no later than <br />thirty days after said request." To the extent it is relevant, the Objectors have also failed <br />to show anything that resembles good cause for an extension. This hearing process <br />follows on the heels of a public process that began in December 2009. The Objectors <br />have therefore had every opportunity to develop exhibits, identify witnesses, and engage <br />in soils testing if that is genuinely relevant. They did not have to wait until the Pre <br />Hearing Conference to begin preparing their case, and indeed if their intention is to <br />develop new data through new testing it is unfair to both the Division and WFC to admit <br />this new evidence after the Division has already acted on the permit application, and <br />without giving the Division an opportunity to review it or otherwise account for it in <br />making their recommendation concerning approval of PR -06. The pre - approval process <br />for PR -06 was much longer than contemplated by CRS 34 -33- 119(1), and the Objectors <br />have therefore had if anything an unusually long and extended opportunity to participate <br />in the permit process already. <br />Delay of the hearing would work substantial prejudice to WFC. WFC's witnesses and <br />other people who wish to comment favorably concerning PR -06 approval during the <br />public comment period have already made arrangements to travel to Denver, including <br />making non - refundable travel, hotel, and other arrangements. The families of WFC's <br />employees have in many cases had to negotiate time off of work, to make arrangements <br />for day care for their children, and make other plans and arrangements that would have to <br />be scrapped if the Objectors' request is granted. In addition, WFC has already expended <br />considerable effort and resources to prepare its exhibits and presentation for the Hearing <br />on November 17 — 18, and this effort would also largely be wasted if the hearing is <br />