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<br />Bernard G. Henrie and Major L. Boddicker were originally parties to this matter, but they have <br />withdrawn from party status. <br />Note:' The Division of Minerals and Geology ("Division") shall not be a party, but shall <br />participate in the hearing as staff to the $oard. <br />III. ISSUES TO BE CONSIDERED <br />Presentations to the Board shall be strictly limited t~~ the issue of whether the pending application <br />complies with the requirements of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Sections 34-32.5-101 et se~L, C.R.S. (1998) ("Construction Materials <br />Act") and the rules and regulations promulgated by the Board. The parties shall limit <br />presentations to the question ofwhether the pending application should be approved or denied, <br />based on the issues stated below. <br />Effects on ground water quantity. <br />Adequacy of Reclamation Plan. <br />IV. ISSUES NOT TO BE CONSIDERED <br />All other issues raised by the parties that are not included in the list above will not be considered <br />by the Board, either because the concern has been :addressed or because the issue is outside the <br />jurisdiction and authority of the Board under the Construction Materials Act. <br />V. WITNESSES A.ND EXHIBITS <br />Rules 2.7.1(2)(d) and (e) require that pre-hearing orders contain lists of all witnesses and exhibits <br />that the parties will introduce at the hearing. The purpose of this rule is to ensure that parties are <br />given an opportunity to prepare replies or rebuttal:; to the materials offered by other parties. No <br />witness or exhibit lists were submitted at the Pre-hearing Conference, and the party attendees of <br />the Pre-hearing Conference agreed that no lists nerd be exchanged under the rule. <br />All documents, exhibits and photographs presentecl as evidence at the Formal Public Hearing will <br />become part of the administrative record. Upon request, a party may recover any evidence <br />introduced by that party, if no action for judicial review is commenced within thirty (30) days of <br />the date agency action in this matter becomes effe~;tive. <br />VI. PRO('EDURE <br />The Division, parties and members of the public shall make presentations in the following order. <br />The time limits set out below are maximum limits and shall be strictly enforced. The Board, in its <br />discretion, may allow additional time when warranted. The Board has the right to limit any <br />redundant or irrelevant testimony. As noted below, all parties will be afforded an opportunity to <br />conduct cross-examination of any witnesses that testified during the presentation. <br />