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4. This Board has jurisdiction over the parties and the subject matter of this proceeding <br />pursuant to Section 34-32.5-114, C.R.S. (2004). <br />The Board appointed a prehearing conference officer who conducted a prehearing <br />conference on Apri129, 2005 in Denver, Colorado. Parties who appeared at the prehearing <br />conference included the Applicant and objectors Jerry Landrus and CDOT. On April 15, <br />2005, the Division received a withdrawal letter from the City of Fort Lupton. Following the <br />prehearing conference, the prehearing conference officer prepared a proposed prehearing <br />order. <br />The Board approved the proposed prehearing order, with two revisions. First, the parties <br />agreed to rephrase issue three and asked the Board to revise the prehearing order so that that <br />issue read as follows: "Has the Applicant demonstrated that the culverts can safely handle <br />the designed flow from dewatering and a legal right to use the culverts and associated <br />structures owned by the Colorado Department of Transportation adjacent to and underneath <br />Highway 85?" Second, the prehearing conference order was revised to show that the <br />Objectors had 80 minutes to make their presentation. <br />The issues set forth in the prehearing order are: <br />(1). Has the Applicant addressed how erosion will be controlled to protect areas, <br />including the highway structure, outside the affected lands? The following areas <br />are a concern to CDOT: (Construction Materials Rules 3.1.5(3) & 6.4.6)) <br />a. wave action erosion on the permanent pond embankments; and <br />b. erosion from the 1:2 slopes of the excavated area. <br />