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d. Don Pfertsh (OBJECTOR) 14908 Brighton Road Brighton, CO. 80601 The Division of Minerals and Geology ("Division") shall not be a party, but shall participate in the hearing as staff to the Board. Other persons who were formerly objecting, but were not present at the Prehearing Conference, although they were duly notified, will have an opportunity to speak as members of the public at the Formal Public Hearing if they wish, but shall not be afforded parry status. III. ISSUES TO BE CONSIDERED Presentations to the Board shall be strictly limited to the issue of whether the pending application complies with the requirements of the Colorado Mined Land Reclamation Act and the Rules and Regulations promulgated by the Board. The parties shall limit presentations to the question of whether the pending application should be approved or denied, based on the issue stated below: 1. Whether Ready Mixed Concrete Company's proposed changes in the mining and reclamation plans have the potential to damage nearby water wells. In addition, whether the wasting of groundwater which will be withdrawn from the alluvial aquifer during dewatering activities and subsequently discharged into the river or McCann Ditch is appropriate and complies with the Colorado Mined Land Reclamation Act, the Colorado Land Reclamation Act For The Extraction of Construction Materials and the Rules and Regulations of the Mined Land Reclamation Board. IV. WITNESSES AND EXHIBITS The applicant will include one to three presentation graphics related to hydrologic issues. Don Pfertsh will provide a copy of the drillers' log for his well. Members of the public wishing to testify at the Formal Public Hearing may submit written and /or oral testimony to the Board during the designated time period for public comment at the hearing. Although only one copy of written testimony is required for non- party witnesses, it is recommended that 12 copies be provided to allow for full consideration by the Board and staff. All documents, exhibits and photographs presented as evidence at the Formal Public Hearing will become part of the administrative record. Upon request, a party may recover any evidence introduced by that party, if no action for judicial review is commenced within thirty days of the date agency action in this matter becomes effective.