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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />July 9, 2008 <br />Proposed Stipulated Hearing Procedure for the Formal Public Hearing on the <br />West Elk Mine Technical Revision-111, Permit C-1980-007 <br />The parties in this matter, Earthjustice (on behalf of Rocky Mountain Clean Air <br />Action and Colorado Wild), Mountain Coal Company, and the Division of <br />Reclamation, Mining and Safety, have reached a stipulation regarding the order of <br />presentations before the Colorado Mined Land Reclamation Board at the Formal <br />Board Hearing Scheduled to begin at 9 a.m. on Wednesday, July 9, 2008. The <br />stipulated agreement reached at an informal meeting on July 2, 2008 is as follows: <br />PROCEDURE: <br />The Division, Earthjustice, and Mountain Coal Company shall make presentations in <br />the following order. Time limits set forth below are guidelines and the Board, in its <br />discretion, may allow additional time when warranted. In addition, the Board may <br />limit or restrict irrelevant or overly redundant testimony. All parties will be afforded <br />the right to cross examine any witness that testifies during the presentation. As <br />indicated at the informal meeting, parties do not anticipate calling witnesses to testify, <br />however, witnesses will be present at the hearing to provide information to the Board <br />or answer specific questions from the Board. <br />1.) DRMS Introduction: <br />The Division will have 10 minutes to present an overview of TR-111, explain the <br />TR process under the Coal Act and Regulations, and inform the Board why this <br />matter has been set for formal hearing. <br />Presentation: <br />2.) Earthjustice: The Objector will have 30 minutes to present to the Board. <br />3.) Mountain Coal Company: The Applicant will have 30 minutes to present to the <br />Board. <br />4.) DRMS: The Division will have 20 minutes to present to the Board. <br />Rebuttal/Closing Statements: <br />5.) Earthjustice: The Objector will have 10 minutes to provide rebuttal testimony <br />and/or a closing statement.