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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 <br />application complies with the requirements of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ("Construction Materials Act"), Section 34-32.5-101 <br />et sec ., C.R.S., as amended, and the rules and regulations promulgated thereunder by the <br />Board. The parties shall limit presentations to the question of whether the pending <br />application should be approved or denied, based on the issues stated below. <br />The issues to be considered were all raised by objectors in a timely fashion during the <br />public comment and Informal Conference phases, and were narrowed and clarified at the <br />Pre-hearing Conference. <br />1. Have all appropriate agencies been notified of the application and have all <br />comments and/or recommendations been considered by the Division staff? <br />2. Have all parties been adequately notified and will they be adequately notified in the <br />future? <br />3. Has the agent for the applicant been candid and forthright? <br />4. Is the wildlife statement adequate and complete? <br />5. Does the application contain an adequate weed control plan? <br />6. Has the applicant applied for or stated his intention of applying for all other <br />applicable permits? <br />7. Is the reclamation plan complete and adequate? <br />8. Is the proposed reclamation bond adequate? <br />9. Will the operation create adverse impacts to water quality? <br />10. Will the operation create adverse impacts to hydrologic balance, including <br />wetlands and f/ood p/ain issues? <br />11. Should Temporary Cessation be prohibited at this site? <br />12. Has the staff been biased in its review of the application? <br />13. Do the Division and Board have broad police powers such that they are required to <br />address each and every objection to the application? <br />2 <br />