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III. ISSUES TO BE CONSIDERED Presentations to the Boazd 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 ("Construction Materials Act"), C.R.S. 34-32.5-101 et sea., C.R.S., as amended, and the rules and regulations promulgated by the Board. The parties shall limit presentations to the question of whether the pending application should be approved or denied, based on the issues stated below. The issues to be considered were all raised by objectors in a timely fashion during the application public comment period and the Informal Conference phase, and were narrowed and clarified at the Pre-hearing Conference. What measures will be taken to effectively control wind erosionon the topsoil stockpiles? Construction Materials Rule 3.1.9(3) 2. Does the application take into account the safety and protection of wildlife on the mine site, at processing sites, and along all access roads? Construction Materials Rule 3.1.8(1) 3. Did the Applicant cause to be published in the newspaper of general circulation in the locality of the Sunbeam Pit a public notice of the proposed operation? Construction Materials Rule 1.6.2(1)(d). 4. Did the Applicant identify the correct legal right to enter and initiate a mining operation on the affected land? Construction Materials Rule b.4.14. IV. ISSUES NOT TO BE CONSIDERED All other issues raised by the parties that are not encompassed 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 Rule 2.6 requires that a list of all witnesses and exhibits that the parties will introduce at the hearing be provided to each party no less than fifteen working days prior to the Formal Boazd 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. Any party that wishes to view another party's exhibits should contact that party or the party's Attorney of Record. Parties are requested to exchange lists by August 26, 2002.