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May 12, 2003 <br />Mr. James Dillie <br />Environmental Protection Specialist <br />Division of Minerals & Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 // <br />Re: Pre-Hearing Conference Meeting held 5/7/03 <br />Rocky Mountain Materials & Asphalt, Inc. <br />Dear Mr. Dillie: <br />~k~-©~ ~ j <br />RECEIVED <br />MAY 1.4 2003 ~J <br />Division of Minerals and Geology <br />This is to notify you that we do not plan to contest the decision made by the Panel <br />in favor of Rocky Mountain in obtaining a permit; and we do not plan to attend any <br />more Hearings as, after attending the Pre-Hearing, we now feel it was a waste of <br />time and taxpayers' money when-this matter had already been decided in favor of <br />Rocky Mountain who had the approval of all the Agencies mentioned in your Packet. <br />We could make the statement, as suggested, that we WITHDRAW OUR OBJECTIONS UNDER <br />PROTEST: however, "Under Protest" would indicate we were either forced to do so <br />against our will, or that we were afraid not to when a threat of litigation was <br />brought up that might occur if we did not withdraw. <br />Also, by withdrawing our objections, we feel we would be doing so against our <br />conscience and would be dishonest to state something we don't mean. <br />REGARDING THE HEARING: <br />From my viewpoint, I would like to make the following comments: <br />1. Prior to the Hearing, to those who were present, I passed out <br />copies of my exhibits - a Summary and a Report - before the Chair <br />arrived so as to save time. <br />2. When the Chair arrived, I also gave her a copy and explained the <br />reason I did this was that I intended to go over them so as to <br />clarify comments made. <br />3. I expected her to say that would be all right since this was not <br />a formal meeting and we were a concerned party; however, she cut <br />me off and told me "she was the Chair" and she handled things her <br />way. <br />(I want to apologize, as I did not want her Chair. I wanted the <br />opportunity to read my written exhibits to clarify comments as <br />stated above under #2.) <br />I interrupted several times - referring to the Pueblo Chieftain article dated <br />4/26/2001; where it was mentioned the property was <br />