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The Colorado Coal Program, and specifically C.R.S. § 34 -33- 119(5), <br />provides that the procedures for formal hearings on permit applications are <br />governed by C.R.S. § 24 -4 -105. The Board has the express authority to "fix the <br />time for the filing of briefs and other documents" and "take any other action... in <br />accordance, to the extent practicable, with the procedure in the district courts." <br />C.R.S. § 24- 4- 105(4). <br />Implementing this authority, the Board set forth the deadlines for disclosure <br />of witnesses and exhibits (R. 8461 -66) and, in response to Ms. Turner's concerns <br />about submitting exhibits by the initial deadline (R. 7477 -7478) granted an <br />extension of time for witness and exhibit lists. R. 8467, R. 7288: 14 -19. In her <br />extension request, Ms. Turner asked that the hearing be postponed by 30 days. R. <br />7477. However, the Colorado Coal Program requires that the Board hold its <br />hearing "no later than thirty days" after receiving a request for a formal hearing <br />(C.R.S. § 34 -33- 119(5)), and Ms. Turner's October 21, 2010 hearing request had <br />started the 30 -day clock. <br />The plaintiffs had 11 months, from December 2009 when the first draft of <br />PR -6 was submitted until the Board hearing in November 2010, to obtain <br />additional soil opinions. Therefore there is no excuse for their waiting until the <br />weekend before the hearing to call for an NRCS inspection. <br />100145923 2 } 16 <br />