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M-zool-oo( <br />Era ,r: M•~. Crei,ea. <br />Humphries, Bruce To : To ~ 2ot,r <br />From: ,Thomas Roan [Nrroanta@dolsmtp.dol.state.co.us] (jE : <c'.~^+a-~ ~ Corvarta~o.r' <br />Sent: / Thursday, September 18, 2003 3:09 PM a„~ i3orH}w.~ ,y.J~ LK1; _ <br />To: Mary Elizabeth Geiger I <br />Cc: Cheryl A. Linden ~ E'ZV! ~6C~ <br />Subject: RE: Boynton v. MLRB <br />Thanks for the information, Mary Elizabeth. The Division was preparing <br />to notify Ms. Boynton, Mr. Akin and Ms. Stepe that the two hearings on <br />this case will be held in October and November. These are the only <br />people entitled to notice because they are the only parties to the <br />proceeding, as the District Court stated in its remand. I believe the <br />Division may be sending notice to the county commissioners and the soil <br />conservation district as well, but they are not considered parties to <br />this case. <br />As for the location of the hearing, the Board conducts nearly all <br />hearings in Denver. You can request a change of venue, and the Board <br />will consider it. As for shutting down the pit, that is a matter you <br />will have to take up with the Division. <br />T <br />»> "Mary Elizabeth Geiger" <memc~sopris.net> 09/18/03 03:O1PM »> <br />Tom- I just wanted to give you a heads up that I just talked to Marilyn <br />and <br />apparently, unknown to me, she just tried calling your office to have <br />the <br />Line Camp Pit shut down, and in doing so found out that the letter <br />notifying <br />the plaintiffs of the upcoming hearing was getting ready to go out. I <br />guess <br />Z misunderstood your prior emails that this notice would not be going <br />out to <br />all of the parties that participated in the hearings previously (I <br />understand that the notice is not being published). Furthermore, <br />whomever <br />Marilyn spoke with said that the hearing would be in Denver on 10/29 <br />or <br />10/30. I do not believe this is appropriate in light of the fact that <br />these <br />are usually held initially where the gravel pit is located. Please <br />advise. <br />I advised Marilyn not to make anymore phone calls to your office or the <br />DMG. <br />In addition, I will be sending you a letter formally requesting that <br />the <br />Line Camp pit operations be completely shut down as at this point in <br />time <br />they do not have a MLRB permit. According to Marilyn, they are <br />continuing <br />to haul materials out of the pit. <br />Thank you for your assistance in these matters. <br />- Mary Elizabeth <br />Mary Elizabeth Geiger, Esq. <br />Caloia, Houpt & Hamilton, P.C. <br />1204 Grand Ave. <br />Glenwood Springs, CO 81601 <br />(970) 945-6067 <br />(970) 945-6292 - fax <br />1 <br />