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<br /> <br />Other persons who were formerly objecting, but were not <br />present at the Prehearing Conference, although they were duly <br />notified, will have an opportunity to speak as members of the <br />public at the Formal Public Hearing if they wish, but shall not be <br />afforded party status. <br />III. I88UE8 TO BE CONSIDERED <br />Presentations to the Board shall be strictly limited to the <br />issue of whether the pending application complies with the <br />requirements of the Colorado Mined Land Reclamation Act and the <br />Rules and Regulations promulgated by the Board. The parties shall <br />limit presentations to the question of whether the pending <br />application should be approved or denied, based on the issue stated <br />below: <br />1. Whether buffer considerations of the Becker property, which is <br />within 71 feet of the permit area, are adequate, and acceptable. <br />IV. AITNESSES AND EXHIBITS <br />No new witnesses or exhibits shall be permitted from parties, <br />with the exception of written information, timely served to all <br />other parties and the Board in the manner and time specified as <br />follows: <br />One copy will be required for the Division to distribute <br />copies to the Board and staff and must be post marked by <br />or on Friday, April 22, 1994, and mailed to arrive at the <br />Division office by 5:00 PM on Monday, April 25, 1994. <br />One copy for each of the other parties listed in this <br />Order must be delivered by noon on Friday, April 22, <br />1994, with written receipt. <br />Members of the public wishing to testify at the Formal Public <br />Hearing may submit written and /or oral testimony to the Board <br />during the designated time period for public comment at the <br />hearing. Although only one copy of written testimony is required <br />for non-party witnesses, it is recommended that 12 copies be <br />provided to allow for full consideration by the Board and staff. <br />All documents, exhibits and photographs presented as evidence <br />at the Formal Public Hearing will become part of the administrative <br />record. Upon request, a party may recover any evidence introduced, <br />by that party, if no action for judicial review is commenced within <br />thirty days of the date agency action in this matter becomes <br />effective. <br />