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the Durham Pit and to bring the site into compliance with current Construction Materials <br />Act Rules and Regulations. <br />3. The Applicant's amendment application ('`Amendment Application`) was considered filed <br />by the Division on May 24, 2004. <br />4. Michael Bliss of Bliss Produce Company filed a timely objection to the Amendment <br />Application. <br />5. This Board has jurisdiction over the parties and the subject matter of this proceeding <br />pursuant to Section 34-32.5-114, C.R.S. (2004). <br />6. The Board appointed a prehearing conference officer who conducted a prehearing <br />conference on January 30, 2004 in Denver, Colorado. The prehearing conference officer <br />prepared a proposed prehearing order. Parties who appeared at the prehearing conference <br />included the Applicant and the Objector. The City of Greeley sent representatives to the <br />prehearing conference but failed to submit written comments or appear at the formal public <br />hearing. <br />The Board approved the proposed prehearing order with two modifications, deleting the <br />City of Greeley and Sharon and Kevin Carbaugh as parties to the proceeding. <br />The issues set forth in the prehearing order are: <br />(A) Will the Applicant minimize disturbances to the prevailing hydrologic balance of <br />the affected land and of the surrounding area and to the quantity and quality of <br />water in surface and groundwater systems during and after the mining operation, <br />specifcally with respect to (i) potential dewatering and lowering of the alluvia] <br />aquifer; and (ii) potential flooding from the berm/dike constructed in the <br />floodway of the Cache la Poudre River? (Construction Materials Rule 3.1.6(1)) <br />