Free Bench Trial - Held - District Court of Colorado - Colorado

Case 1:00-cv-02325-MSK-MEH

Document 293

Filed 02/16/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Date: February 16, 2006

Civil Action No. 00-cv-02325-MSK-MEH (consolidated with 01-cv-02307-MSK-MEH) Parties: SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORPORATION, ANGLOGOLD ASHANTI NORTH AMERICA, INC., and GOLDEN CYCLE GOLD CORPORATION, Defendants. COURTROOM MINUTES HEARING: Bench Trial Day Four 8:16 a.m. Court in session. Robert Troyer Gene Riordan Don Sherwood Counsel: John Barth Randall Weiner

Discussion regarding factual stipulations the Court requested. Continued cross examination of Mr. Lewis by Mr. Troyer. EXHIBITS: Received: 532 Redirect examination of Mr. Lewis by Mr. Barth. 9:42 a.m. 10:13 a.m. Court in recess. Court in session.

Mr. Barth reads stipulated facts into the record. Mr. Troyer reads stipulations into the record. Continued redirect examination of Mr. Lewis by Mr. Barth EXHIBITS: Received: 201; exhibits 4, 65, 346 and 347 are received solely for the fact that they were issued. The Court is not bound by nor does the Court concern itself with any legal determination made by any other agency. The ultimate legal issue to be determined here will be made by the Court.

Case 1:00-cv-02325-MSK-MEH Courtroom Minutes Judge Marcia S. Krieger Page 2

Document 293

Filed 02/16/2006

Page 2 of 2

The Court takes judicial notice that in the request for adjudication hearing administrative stay, and administrative reconsideration and variance submitted to the Colorado Department of Health, Water Quality Control Division, on November 1, 1996, there is contained a reference to the belief on the part of the applicant, Cripple Creek, that the pH restriction should be as a matter of law submitted to public comment. EXHIBITS: Received: Bates page 4511 of exhibit 248. 11:37 a.m. 1:33 p.m. Court in recess. Court in session.

Continued redirect examination of Mr. Lewis by Mr. Barth. EXHIBITS: Received: Bates pages 2221-2246 of exhibit 71; exhibit 212 is received conditionally; Bates stamp pages 4366 and 4368 of exhibit 235; 289; Bates pages 4489 and 4490 of exhibit 247; Bates page 3043 of exhibit 97. 2:24 p.m. 2:47 p.m. Court in recess. Court in session.

Witness sworn, for the plaintiff: Rex Hampton, Jr.: 2:47 p.m. Direct Examination by Mr. Barth. EXHIBITS: Received: 420, 385, 8 Cross examination of Mr. Hampton by Mr. Sherwood. Witness sworn, for the plaintiff: Lawrence Myers: 3:22 p.m. Direct Examination by Mr. Barth. EXHIBITS: Received: Bates pages 3059, 3061, 3062, 3076-3078, 3080-3082, 3087-3089, 3096-3099, 3101-3103, 3105-3107, 3109-3111, 3114-3117 of exhibit 97 Rejected: Bates page 3060 of exhibit 97 Cross examination of Mr. Myers by Mr. Troyer. 5:01 p.m. Court in recess.

Total Time: 5 hours 55 minutes. Bench Trial continued.