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',~ "iA-:;;':~. ~j-.piji1.: . ''-'.''.' ,'-.J! ..;;'44~~H~1'~'f~~~~\~\:~~l1~.':'~~<;r~~1~<' ,-'\,... , reqUest is granted on condition that it be submitted to the Division offices, in writing, by June 13, 1997. The Division shall also be a par~y to the proceedings. IU. ISSUES TO BE CONSIDERED 1. Whether proposed changes to the berm, which have been styled as a Technical Revision' ("TRill and are not now included in the Amendment Application, properly constitute part of the Amendment and should be considered as part of the Amendment? 2. Whether the formal public hearing now set for June 26, 1997 should be continued and reset to include consideration of the proposed changes to the berm in conjunction with and as part of the Amendment? 3. Whether the Amendment conforms to the stated post-mining use of wildlife and agriculture? 4. Whether the Amendment adequately addresses impacts on ground water levels and irrigation flows? 5. Whether the proposed decrease in exposed water surface is appropriate to the stated post-mining use of wildlife and agriculture and to habitat management and creation? 6. Whether topsoil replacement as proposed in the Amendment is sufficient to support the plant species to be established in reclamation? [With respect to this issue, a letter dated June 4, 1997, from Mineral Program Supervisor Bruce Humphries to Michael Hart, was distributed and discussed at the Pre-Hearing Conference. In light of Mr. Hart's statement that Western Mobile does not object to the requirements set forth in this letter, parties will be allowed until June 13, 1997 to file written position statements on this issue as it has been affected by Mr. Humphries' letter and Mr. Hart's statement. If it appears that sufficiency of topsoil replacement is no longer an issue, it will be removed from consideration at the formal public hearing.] IV. WITNESSES AND EXHIBITS Witnesses and exhibits shall be permitted as described in the Board's Pre-Hearing Order of May 21, 1997. 2