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<br /> <br />present at the Prehearing Conference, although they ware duly <br />notified, will have an opportunity to speak as member:. of the <br />public at the Formal Public Hearing if they wish, but sha].1 not be <br />afforded party status. <br />III. ISSUES TO BE CONSIDERED <br />Presentations to the Board shall be strictly limited to the <br />issue of whether the pending application complies with the <br />requirements of the Colorado Mined Land Reclamation Act and the <br />Rules and Regulations promulgated by the Board. The parties shall <br />limit presentations to the question of whether the pending <br />application should be approved or denied, based on the issue stated <br />below: <br />1. Whether the Division's Stipulation #1, requiring a <br />demonstration tree pad in the existing permit area before <br />disturbance of phases two and three is allowed, is appropriate. <br />IV. WITNESSES AND ESHIBITS <br />No new witnesses or exhibits shall be permitted from F~arties. <br />Members of the public wishing to testify at the Forman Public <br />Bearing may submit written and /or oral testimony to the Board <br />during the designated time period for public comment at the <br />hearing. Although only one copy of written testimony is required <br />for non-party witnesses, it is recommended that 12 copies be <br />provided to allow for full consideration by the Board and staff. <br />All documents, exhibits and photographs presented as evidence <br />at the Formal Public Hearing will become part of the administrative <br />record. Upon request, a party may recover any evidence introduced <br />by that party, if no action for judicial review is commenceclwithin <br />thirty days of the date agency action in this matter becomes <br />effective. <br />V. PROCEDURE <br />The Division, parties and members of the public shall make <br />their presentations in the following order. The time limits set <br />out below are maximum limits and shall be strictly enforced. The <br />Board, in its discretion, may allow additional time when warranted. <br />The Board has the right to limit any redundant or irrelevant <br />testimony. Unused time may be used in subsequent closing <br />statements as applicable. At the conclusion of each presentation, <br />and within time limits set by the Board, there will be an <br />opportunity to conduct cross-examination of any witnesses that <br />testified during the presentation. <br />