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2007. The Division's request was based on the fact that neither the Division Director nor <br /> the Minerals Program Supervisor would be able to attend the October hearing, and the <br /> Division Director was also unable to attend the November hearing, due to scheduling <br /> conflicts. <br /> 4. Moreover, at the pre-hearing conference, the Division stated that it was <br /> reviewing its position on the SM-18 mine's non-DMO designation, and, while it had not <br /> yet come to a final decision, there was a possibility that the Division would be reversing <br /> its position on the SM-18 mine. The Division is also reviewing its positions on the JD-6, <br /> 8 and 9 mine's DMO designations. Due to the potential of a Division reversal, the Parties <br /> agreed that the October 17, 2007 hearings should be continued, and that a new briefing <br /> and hearing schedule should be proposed once the Division has made its final decision <br /> concerning the SM-18 mine. <br /> 5. The Division agrees by this Motion that it will make its final decision <br /> concerning the SM-18 DMO status, as well as the status of the JD-6, 8 and 9 mines, by <br /> no later than Friday, October 12, 2007. The parties agree to confer within one week after <br /> October 12, 2007 to discuss the next steps in this case. The parties further agree that the <br /> hearings on all four mines will be held no sooner than the December, 2007 Board <br /> meeting. <br /> 6. The Parties agree that the mines at issue, M-1977-310, M-1984-014, M- <br /> 1977-306, and M-1978-1 16 will not resume operations until these appeals are resolved. <br /> WHEREFORE, the Parties jointly move the Board to continue the October 17, <br /> 2007 hearing of appeals concerning the above-referenced mining operations to a date to <br /> be proposed in a future motion, but in any event no sooner than the December 2007 <br /> Board meeting; and grant the Parties leave to file future motions to reschedule hearing <br /> dates, briefing schedules, and a second/prime-h..earing conference. <br /> Respectfully submitted this 7 day of September, 2007. <br /> On behalf of Cotter Corporation <br /> J9 h L. Watson f <br /> Ryley Carlock & Applewhite <br />