1997-06-13_REVISION - M1981302 (48)

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4. Whether the proposed decrease in exposed water surface is appropriate to the stated post-mining land use of wildlife and agriculture and to habitat management and creation? w 5. Whether the topsoil replacement as proposed in the Amendment is sufficient to support the plant species to be established in the reclamation? Western Mobile herein renews the request made in Section II of its June 5, 1997 pre-hearing statement that the Order in this case limit the scope of the June 26, 1997 formal hearing to the plan amendment request only. The reclamation plan amendment request simply does not involve or impact the April 30, 1997 TR request, which can be appropriately segregated from the amendment request for later consideration by the Division. For this reason, Western Mobile requests that the inquiries identified as Issue Nos. 1 and 2 above be struck from the Order. In the event the Board denies Western Mobile's request to amend the Order to strike Issue No. 1, and further decides that the amendment and the April 30, 1997 TR should be heard together, there would be no need to continue the June 26, 1997 formal hearing since all parties,witnesses,and exhibits are going to be present and available on June 26. For this reason, Issue No. 2 should be struck from the Order regardless of the Board's decision with respect to Issue No. 1. IT. LIST OF WITNESSES AND SUMMARY OF TESTIMONY Western Mobile anticipates calling the following witnesses that will either offer testimony, or an affidavit of such testimony, in support of the proposed reclamation plan amendment. The witness list and summary testimony outlined below is not intended to be exhaustive since this pre- hearing statement is being filed prior the issuance of the final Order in this case. This witness list and summary of anticipated testimony supersedes that provided in Western Mobile's June 5 pre- hearing statement. I. Michael J. (Mike) Hart Hart Environmental 2255 Meadow Avenue Post Office Box 1303 Boulder, Colorado 80306 Summary of Mr. Hart's anticipated testimony: Mr. Hart will testify as to the past history of the Deepe Farm Pit site, the currently approved reclamation plan, the features of the proposed plan amendment, the consistency of post-mining land uses associated with the proposed plan and the existing approved plan,and other technical issues including, but not limited to, topsoiling and final grades. 2