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Note: The Division of Minerals and Geology ("Division") shall not be a party, but shall participate in the hearing as staff to the Boazd. III. ISSUES TO BE CONSIDERED Presentations to the Board shall be strictly limited to the issue of whether the pending application complies with the requirements of the Colorado Land Reclamation Act for the Extraction of Construction Materials, Sections 34-32.5-101 et sec .., C.R.S. (1999) ("Construction Materials Act") and the rules and regulations promulgated by the Boazd. The parties shall limit presentations to the question of whether the pending application should be approved or denied, based on the issues stated below. Has the applicant provided an adequate reclamation plan addressing the backfilling and grading, topsoiling and revegetation? (Sec. 34-32.5-116(4)(a), (b), (f) and (g)) 2. Will the operation minimize disturbances to the hydrologic balance of the alluvial aquifers in the Kiowa-Bijou or Lost Creek Basins? (Sec. 34-32.5-116(4)(h)) Will the operation adversely affect impacts to wildlife, specifically deer, and the roosting bald eagles? (Rule 6.4.8(1)) IV. ISSUES NOT TO BE CONSIDERED All other issues raised by the parties that are not included in the list above will not be considered by the Board, either because the concern has been addressed or because the issue is outside the jurisdiction and authority of the Board under the Construction Materials Act. V. WITNESSES AND EXHIBITS Rules 2.7.1(2)(d) and (e) require that pre-heazing orders contain lists of all witnesses and exhibits that the parties will introduce at the hearing. The purpose of this rule is to ensure that parties are given an opportunity to prepaze replies or rebuttals to the materials offered by other parties. If any parties to this matter submitted lists under that rule, those lists aze attached to this order. Any party that wishes to view another party's exhibits should contact that party or the party's Attorney of Record. The parties shall note that if no witness or exhibit lists were submitted by a party at the Pre- hearing Conference, that party may not introduce any exhibits or present any witnesses at the final heazing in this matter without express permission from the Boazd. All documents, exhibits and photographs presented as evidence at the Formal Public Heazing will become part of the administrative record. Upon request, a party may recover any evidence 2