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<br />III. ISSUES TO BE CONSIDERED <br />Presentations to the Board shall be strictly limited to the issue of whether the pending application <br />complies with the requirements of the Colorado Mined Land Reclamation Act, Sections 34-32- <br />101 et sec , C.R.S. (1998) ("Hard Rock Act") and the rules and regulations promulgated <br />thereunder by the Board. The parties shall limit presentations to the question of whether the <br />pending application should be approved or denied, based on the issues stated below. <br />Impacts on quantity and quality of water. <br />2. Subsidence monitoring plan. <br />3. Adequacy of the Designated Operation Environmental Protection Plan. <br />Mineability of oil shale. <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 Hard Rock Act. <br />V. WITNESSES AND EXHIIiITS <br />Hard Rock/Metal Mining Rule 2.7. I(2) requires that pre-hearing orders contain lists of all <br />witnesses and exhibits that the parties will introduce at the hearing. The purpose of this rule is to <br />ensure that parties are given an opportunity to prepare replies or rebuttals to the materials offered <br />by other parties. The Applicant and the Objector have submitted their lists under that rule. Those <br />lists are attached to this Order. <br />All documents, exhibits and photographs presented 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 effective. <br />VI. PROCEDURE <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 />2 <br />