PERMFILE106877

• Permit No: M2000158
• IBM Index Class Name: Permit File
• Doc Date: 5/23/2001
• Doc Name: MOTION FOR CONTINUANCE & MOTION IN LIMINE
• Media Type: D
• Archive: No

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BEFORE THE MINED LAND RECLAMATION BOARD, STATE OF COLORADO
STATE OF COLORADO RECEIVED
File No. M-2000-158 MAY 2 3 2001
rvision of Minerals and Geology
MOTION FOR CONTINUANCE AND MOTION IN LIMINE
S & H MINE 112 NEW PERMIT APPLICATION
PLATTE SAND AND GRAVEL, LLC, APPLICANT
Now comes Dr. Michael Ptasnik, Party, and Western Mutual Ditch Company (hereinafter
"Western"), Intervener, (hereinafter collectively referred to as "Objectors"), by and through
LIND, LAWRENCE & OTTENHOFF LLP and move the Board to vacate the hearing on
Application for a Mined Land Reclamation Permit scheduled for May 23 and 24, 2001 and
to prohibit Applicant from presenting witnesses and exhibits untimely disclosed, whenever
said hearing occurs. As reasons therefore, Objectors represent as follows:
1. The Division and Minerals and Geology failed to provide Party Michael Ptasnik a
copy of Pre-Hearing Order at least three days prior to the hearing, in violation of
Rule 2.7.1(3). In spite of repeated requests, most recently on May 18, 2001,
counsel of record for Dr. Ptasnik has yet to receive a copy of the pre-hearing order
as of the drafting of this Motion, 9:00 A. M. May 22, 2001, one day before the
scheduled hearing. As such, Counsel has no listing of issues to be addressed or
witness and exhibit lists for the Applicant and other objectors, and cannot
adequately prepare for the hearing. Proceeding with the hearing under these
circumstances would be patently unfair to Dr. Ptasnik. The hearing must be
postponed to allow the Division of Minerals and Geology Staff to disclose the pre-
hearing order at least three days before the matter is heard, pursuant to Rule
2.7.1(3).
2. The Western Mutual Ditch Company, whom counsel for Dr. Ptasnik also represents,
has moved to appear at the hearing pursuant to Rule 2.7.2. See Letter to Mined
Land Reclamation Board, dated May 18, 2001, attached hereto as Exhibit "A." This
Company likewise has received no indication of the issues to be addressed at
hearing, or Applicants witnesses and exhibits.
3. Due to circumstances beyond either party's control, Objectors' expert, Forrest Leaf,
P.E. is not available for testimony May 23, 2001. Counsel for Dr. Ptasnik informed
Erica Crosby of this conflict on May 18, 2001, but received no response. Objectors'
arguments against the 112 permit as proposed are based in large part on Mr. Leafs