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3- Because objections were received during the comment periods, the matter was set for a <br />formal Board hearing pursuant to Const<uction Materials Rule ("Rule") 1.7.4(2). <br />4. The Board has jurisdiction over the parties and this matter pursuant to Sections 34-32.5- <br />104, 34-32.5-105 and 34-32.5-114 of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials, Section 34-32-5-101 et seq. C.R.S. (2006) ("Act"). <br />5_ On June 25, 2007, a hearing oii'icer appointed by the Baatd conducted a preheating <br />conference in Coaldale, Colorado pursuant to Rules 2.6 and 2.7. As a result of the <br />preheating conference, the preheating conference officer prepared a proposed preheating <br />conference order. In addition to the Applicant, numerous objectors appeared at the <br />preheating conference. All other objectors failed to appeaz and thus lost their party status <br />pursuant to Rule 2.7.3(4). <br />6. At the Formal Board Hearing on July 1 I, 2007, the Board modified the drab preheating <br />order to clazify the parties to the proceeding. The proposed preheating order contained <br />the names of several objectors, but only Rogers Bailey and Kris Shurr appeared as party <br />objectors at the Formal Board Hearing. All other objectors lost their party status pursuant <br />to Construction Materials Rule 2.8.1(1). After revising the proposed preheating order to <br />reflect the change in party status, the Hoard considered and approved the draft preheating <br />order. <br />7. The issues set forth in the preheating order, as revised, are: <br />A. Has a statement identifying all other permits, licenses and approvals the Aperator <br />holds or will be seeking been provided? The permits of cancem area Colorado <br />Department of Public Health and Environment, Water Quality Control Division <br />(storm water permit} and the Air Pollution Control Division; the Conditional Use <br />Holcim~Coaldale, M-]977-247 <br />