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a <br />II. ADVISORY LISTING OF ISSUES TO BE RAISED ON APPEAL <br />A. Whether the District Court improperly affirmed the issuance of a <br />reclamation permit in file M-2004-67 wherein the MLRB findings were arbitrary <br />and capricious, an abuse or clearly unwarranted exercise of discretion, based upon <br />findings of fact that are clearly erroneous on the whole record, and unsupported by <br />substantial evidence where the record is considered as a whole. <br />B, Whether the District Court improperly affirmed the issuance of a <br />reclamation permit by giving deference to the MLRB's interpretation of its <br />Construction Material Rules (the "C.MR.") despite the fact that the interpretation <br />is contrary to its enabling statute. <br />C. Whether the .District Court improperly affirmed the issuance of a <br />reclamation permit based upon an agency interpretation of the term "affected land" <br />in a manner that directly conflicts with the plain language of §34-32.5-102(1). <br />D. Whether the District Court improperly affirmed the issuance of a <br />reclamation permit when the MLRB failed to require the applicant to provide maps <br />in compliance with § 34-32.5-ll2(1)(b) and (c), C.R.S. <br />4 <br />