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RECEIVED <br /> NOV 15 2019 <br /> DMSION OF RECLAMATION <br /> ALINING&SAFETY <br /> Permit M-1996-076/ Board Resolution and Order of August 21, 2019; Mailed September <br /> 26, 2019 <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> IN THE MATTER OF THE HEARING BEFORE THE MINED LAND RECLAMATION <br /> BOARD ON AUGUST 21, 2019 <br /> FONTANARPS AND WESTERN SLOPE FLAGSTONE'S RESPONSE TO <br /> DRMS'S MOTION TO STRIKE ALL MOTIONS OF FONTANARI/WESTERN <br /> SLOPE AND REQUEST FOR ADMINISTRATIVE COMBINATION OF <br /> FONTANARI MOTIONS AND FOR HEARING AT NOVEMBER 2019 BOARD <br /> MEETING <br /> COMES NOW Western Slope Flagstone, LLC, Western Slope Flagstone, a sole <br /> proprietorship (WSF or "Western Slope"), and Rudy Fontanari ("Fontanari") holders of Permit <br /> M-1996-076 (Permit) and Rudy Fontanari, Operator, (together "Fontanari") by and through <br /> counsel of record, John R. Henderson, Law Offices of John R. Henderson, P.0 and Responds as <br /> follows to the Division's"Motion to Strike All Motions". <br /> CURRENTLY PENDING MOTIONS <br /> 1. On September 19, 2019, Fontanari moved and petitioned the Board to Re-open <br /> the hearing record for presentation of Defense case. As grounds, Fontanari asserted that the <br /> denial and lack of representation by legal counsel after due and specific request to be represented <br /> necessitated reopening the proceedings. Fontanari also moved for a stay of certain actions <br /> pending completion of the re-opened hearing. Fontanari incorporates the Motion to Re-Open <br /> here together with its exhibits. ("Lack of Representation Motion"or"Motion to Re-Open") <br /> 2. Fontanari has moved and petitioned the Board for a modification of certain <br /> corrective action dates required in the Board's Order. Specifically, these include the date for <br /> 1 <br />