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-1~ t <br />~A ~° N.BH <br />RECE9alE® <br />>/, ~.. o ~ ~nnc <br />BEFORE THE MINED AND RECLAMATION BOARD, <br />COLORADO DIVISION OF MINERALS AND GEOLOGY, <br />DEPARTEMNT OF NATURAL RESOURCES <br />.~ Division of Minerals and G <br /> <br />Board Address: 1313 Sherman Street, Room 318 <br />Denver, Colorado 80203 <br />Applicant: Allen Drilling and Excavation Company, Inc. Permit Application No.: <br />Objectors: Robert White, Kent Rolf, Curt Sayer and M-2005-080 ~ <br />Fred Wisel <br />ATTORNEYS FOR APPLICANT: <br />Scott W. Hazdt, #18826 <br />Joseph G. Middleton, #35964 <br />Temkin Wielga Hazdt & Longenecker, LLP <br />1900 Wazee Street, Suite 303 <br />Denver, CO 80202 <br />Phone: (303) 292-4922 <br />www.twhlaw.com <br />MOTION TO STRIKE CERTAIN TESTIMONY OF OBJECTORS <br />Applicant Allen Drilling and Excavating Company, Inc., ("Allen") by and through its <br />attorneys Temkin Wielga Hardt and Longenecker, LLP submit the following Motion to Strike <br />Certain Testimony of Objectors pursuant to Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Boazd for the Extraction of Construction Materials, Rule 2.6(1) <br />(hereinafter, "Rules") and in support thereof state the following: <br />;ola9Y <br />1. At the Applicant's pre-hearing conference on June 15, 2006, Objectors, Robert <br />White, Kent Rolf, Curt Sayer and Fred Wisely, through their attorneys, Harvey W. Curtis and <br />Associates, submitted a list of potential witness who may testify at the formal Mined Land <br />Reclamation Board ("Boazd") heazing in July of this yeaz. Included on the list was Chris O'Dell, <br />attorney, whom objectors stated will testify regarding "his opinion concerning what mineral <br />rights were reserved on the proposed Allen Pit site and the presence of gold within the gravel <br />proposed to be mined by the applicant." Also included on the list was Fred H. Wisely, who <br />would testify, inter alia, regarding "his knowledge of the mineral rights located on the proposed <br />mining site and in the vicinity of the site." <br />2. The proposed testimony of Chris O'Dell and Fred H. Wisely as to the mineral <br />rights on Allen's property is immaterial because it deals with subjects outside of the Board's <br />jurisdiction and because it deals with untimely comments to Allen's application. Additionally, <br />Mr. O'Dell's proposed testimony improperly invades the province of the Colorado courts, and is <br />therefore improper. As such, Mr. O'Dell should be stricken from Objectors' witness list and he <br /> <br />