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• WFC 11/10/2010 List of Exhibits and Witnesses (Itemized list of 37 <br />numbered Evidentiary Exhibits and 6 numbered Demonstrative <br />Exhibits) <br />• WFC 11/15/2010 Applicant's Brief of Issues for the Formal Hearing on <br />PR -06 <br />3. Exhibits and Materials Submitted by Plaintiffs for the November 17, 2010 PR- <br />06 Hearing'. <br />All materials submitted by Plaintiffs and received by DRMS /Board and <br />date stamped 11/04/2010. <br />All materials submitted by Plaintiffs as part of the 11/10/2010 exhibit <br />list/Board packet. <br />All materials submitted by Plaintiffs and received by DRMS /Board and <br />date stamped 11/15/2010. <br />4. Mined Land Reclamation Board Orders, Proposed Pre - Hearing Orders, <br />Pleadings and Motions. <br />ORDERS: 2 <br />• Board Order 10/29 /2010 — Special Hearing of the Board to consider <br />Plaintiffs objection letters, motions of the parties, and setting of Formal <br />Hearing on PR -06 <br />• Board Order 11/08/2010 — regarding Plaintiffs' request for <br />Skype /video conference and Plaintiffs' request for 30 -day extension of <br />formal hearing date. <br />• Board Order 12/08/2010 —PR -06 Application Hearing held on <br />November 17, 2010 <br />• Proposed Hearing Order —PR -06 dated 11/04/2010 <br />• Conference Officer Order — Extension of Deadline for Exchange of <br />Witness and Exhibits List dated 11/8/2010 <br />' Hearing materials submitted by Plaintiffs were voluminous and contained no itemized list /index, page <br />numbers, dates, labels or other reference marks, making compilation and specific designation of the <br />materials difficult. The Defendants' believe that the items listed herein constitute a complete record of all <br />documents and photographic evidence submitted by Plaintiffs to the Board for consideration at the <br />November 17, 2010 hearing. The complete file of materials and photographs submitted by Plaintiffs, and <br />believed to constitute the Plaintiffs hearing record, are available for review and verification at the DRMS <br />main office. <br />2 All Orders related to procedural aspects of PR -06 are included in this designation list, however, inclusion <br />of the orders in the PR -06 record should not be interpreted as Defendants' waiving its ability to raise the <br />defense that Plaintiffs are time barred from challenging findings and orders of the Board dated 10/29/2010 <br />and 11/8/2010 as those orders constitute final agency action subject to a separate judicial review process <br />from this PR -06 review which Plaintiffs never sought. <br />2 <br />