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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />COTTER CORPORATION (N.S.L.)'S MOTION TO PROHIBIT SHEEP MOUNTAIN <br />ALLIANCE FROM INTRODUCING WITNESS TESTIMONY AND USING EXHIBITS <br />AT THE HEARING RE: COTTER'S C -JD -8 MINE, HARD ROCK/METAL 112d -1 <br />PERMIT NO. M- 1984 -014, DIVISION OF RECLAMATION, MINING & SAFETY <br />RECOMMENDATION FOR APPROVAL OF AMENDMENT (AM -1), <br />INCORPORATING THE ENVIRONMENTAL PROTECTION PLAN INTO THE <br />PERMIT <br />Cotter Corporation (N.S.L.) ( "Cotter "), the applicant, respectfully moves the Mined Land <br />Reclamation Board ( "Board ") for an order prohibiting the Sheep Mountain Alliance ( "Sheep <br />Mountain ") from: (a) introducing into evidence at the hearing in this matter testimony from any <br />witness; and (b) using any and all exhibits. Sheep Mountain's proposed witnesses and exhibits <br />are listed in its "Witness and Exhibit List" dated July 25, 2012. The proposed testimony and <br />exhibits should be excluded on several grounds. <br />Exclusion of Witnesses <br />1. Sheep Mountain should be precluded from introducing testimony at the August 9, <br />2012 hearing from any witness because its "Witness List" fails to comply with this Board's rules. <br />Rule 2.6(2) provides that parties "shall provide a written list of all potential witnesses ...." <br />Code Colo. Regs. 407 -1, Rule 2.6(2). To enable adequate hearing preparation, this list "must <br />include each witness' name, current address and phone number, area of expertise (if expert <br />witness), and the subject matter of the testimony." Code Colo. Regs. 407 -1, Rule 2.6(2)(a) <br />(emphasis added). With the exception of "Russ Means," Sheep Mountain's witness list provides <br />none of the information required by Rule 2.6(2)(a), including the witness' name and address, and <br />the subject matter of their testimony. Instead, Sheep Mountain merely states that it may call <br />"[a]ny witness proposed to be called by any other party," and "[r]ebuttal witnesses, as necessary <br />