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10. The matter was scheduled to be heazd before the Board on August 17, 2006 but was <br />continued to the December 2006 Board hearing based upon anagreed-upon schedule <br />attached to the Board's continuation order. Consistent with the schedule, the Board heard <br />a Motion to Dismiss for Lack of Jurisdiction filed by the objecting parties at the December <br />2006 Board hearing. The Board denied the Motion. Pursuant to the schedule, a prehearing <br />conference was then held on December 18, 2006. A proposed prehearing order was <br />prepared as a result of the prehearing conference, and the matter was set for hearing before <br />the Board at the January 2007 Board meeting. <br />11. On January 9, 2007, the Division received a withdrawal letter from all of the objectors <br />except one. The remaining Objector offered no exhibits or witnesses but expressed the <br />desire to retain party status For the sole purpose of challenging the Board's determination <br />upon appeal if necessary. The Applicant then moved the Board to reject the proposed <br />prehearing order pursuant to Construction Materials Rule 2.7.2 and to direct the Board to <br />conduct the formal Board hearing at its discretion. The Applicant argued that the issues <br />listed in the prehearing order were no longer relevant because the objectors who raised <br />those issues had withdrawn. Neither the Division nor the Objector objected to the <br />Applicant's motion. <br />12. The Board approved the Applicant's motion rejecting the proposed prehearing order. <br />13. The Division then recommended approval of the Applicant's conversion application based <br />upon the Division's own analysis and evidence in the record. <br />14. Based on the Division recommendation and the evidence in the record, it is appropriate for <br />the Board to approve the Applicant's conversion application. <br />King Mountain Gravel, LLC <br />M-1978-314 <br />