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OBJECTORS <br />Karen Topper <br />8120 E. 104` Avenue <br />Hernderson, CO 80640 <br />Steve and Mazgazet Davis did not appeaz at the Pre-heazing conference. <br />Douglas and Phyllis Hackett withdrew their objection. <br />Note: The Division of Minerals and Geology ("Division") shall not be a party, but shall <br />participate in the heazing as staff to the Boazd. <br />III. ISSUES TO BE CONSIDERED <br />Presentations to the Board shall be strictly limited to the issue of whether the pending application <br />complies with the requirements of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Sections 34-32.5-101 et seq.• C.R.S. (1999) ("Construction Materials <br />Act") and the rules and regulations promulgated by the Board. The parties shall limit <br />presentations to the question of whether the pending application should be approved or denied, <br />based on the issues stated below. <br />Is the application accurate and consistent regazding the description of the topsoil <br />stockpiles? (Rule 1.4.4(3)) <br />2. Will the applicant comply with applicable water laws and regulations governing injury to <br />existing water rights specifically a potential lowering of the water table? (Rule <br />3.1.6(1)(a)) <br />3. Has the applicant submitted a statement or plan showing how de-watering operations will <br />be managed to protect against pollution, specifically remobilization of DIMP? (Rule <br />6.4.7(2)(c)) <br />4. Has the applicant identified all structures within 200 feet of the affected azea? (Rule <br />6.4.19, Exhibit S) <br />5. Has the applicant provided a notarized agreement with the Toppers, or an appropriate <br />engineering evaluation that demonstrates the structures will not be damaged by mining <br />activities? (Rule 6.4.19) <br />6. Has the applicant provided a description of the presence and estimated populations of the <br />threatened and endangered species from the federal and state lists? (Rule 6.4.8(1)(c}) <br />2 <br />