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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 pre-hearing conference. <br />Respectfully submitted this ~~~ day of September, 2007. <br />On behalf of Cotter Corporation <br />.~~ ~~ <br />~" ~ ~ h ~~ !~~~ ~ kart ~z ~::~~;,~ ~ ~ <br />r U <br />Jq~jfi L. Watson ~ <br />R/yley Carlock & Applewhite <br />