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Any possible relationship of these documents to the JD -8 Mine is an extreme stretch, at best. <br />Likewise, the documents that Sheep Mountain lists for the Pinon Ridge Mill are irrelevant to the <br />issues before the Board. Those documents cover a different facility with a different <br />hydrogeologic regime, do not mention the JD -8 Mine, and do not pertain to the JD -8 Mine's <br />EPP. The "Notice of Intent to Sue" that Sheep Mountain lists contains no specific discussion of <br />the JD -8 Mine, and pertains to a threatened lawsuit under the Endangered Species Act. Any <br />possible relevance of the Notice of Intent to Sue is therefore beyond this Board's jurisdiction. <br />See Memo dated October 2, 2001 (revised January 12, 2006), from the Division at 3 (explaining <br />that "impacts to ... threatened or endangered species ... are regulated by agencies other than the <br />Board "). <br />8. Many of the exhibits that Sheep Mountain identifies in its "Exhibit List" should <br />also be excluded because they are irrelevant to the objections that Sheep Mountain raises in its <br />comments (dated July 26, 2011) on the JD -8 Mine. The "Notice of Intent to Sue" and the <br />exhibits pertaining to the Canon City Mill have no relevance whatsoever to Sheep Mountain's <br />objections on "intermittent status," the scope of the EPP, storm water mitigation, cultural <br />resource assessments, and the claim that hydrologic and geologic information is lacking.' <br />Because these documents have no relevance to the JD -8 Mine or Sheep Mountain's objections, <br />they should be excluded from the proposed hearing. <br />Conclusion <br />For the above reasons, this Board should issue an order prohibiting Sheep Mountain <br />from: (a) introducing into evidence at the hearing in this matter testimony from any witness; and <br />(b) using any and all exhibits. <br />1 Sheep Mountain has dropped its objection on abandoned mine features. <br />4 <br />