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5. In its Exhibit List, Sheep Mountain states it may use "[a]ny and all documents <br />contained in DRMS Permit File #M -1984- 014," but does not provide any of the information <br />required by Rule 2.6(2)(b)(ii). Accordingly, Sheep Mountain should be prohibited from using <br />any such documents at the hearing. <br />6. Sheep Mountain's exhibit list also falls short when it lists: <br />Any Exhibit listed and/or relied upon by any other party, including <br />Cotter Corporation and the Division. <br />Any other Exhibit, as necessary and appropriate for purposes of <br />rebuttal. <br />To the extent these documents are not in the Division's public file, Sheep Mountain was <br />required to provide "all other parties" with a copy of such document "at or before the Pre - hearing <br />Conference." Code Colo. Regs. 407 -1, Rule 2.6(2)(b)(i). Sheep Mountain did not do this. To <br />the extent these documents are in the Division's files, Sheep Mountain was required to provide <br />the information listed in Rule 2.6(2)(b)(ii). Again, Sheep Mountain did not do this. Under these <br />circumstances, where Sheep Mountain had full knowledge of the rules but chose not to follow <br />them, it should be prohibited from using at the hearing any documents covered by the above <br />designations. <br />7. To the extent Sheep Mountain's Exhibit List does identify specific documents, <br />those documents may not be used in the hearing because they are irrelevant to the issues before <br />this Board. The purpose of the hearing is to address Cotter's application for a mine permit <br />amendment for the JD -8 Mine, including Cotter's Environmental Protection Plan ("EPP") for <br />reclamation of that facility. Despite the narrow focus of the hearing, none of the documents that <br />Sheep Mountain lists relate specifically to the JD -8 Mine. The "Semiannual Effluent Reports" <br />and "Plea Agreement" that Sheep Mountain lists are for Cotter's Canon City Milling Facility, <br />which is approximately 200 miles from the JD -8 Mine, and pertain to a mill, not a uranium mine. <br />3 <br />