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<br />Mike & Michaleen Jeronimus <br />4990 McIntyre Street <br />Golden, CO 80430 <br /> <br />Wes & Allison Gardner <br />6500 Garrison St. <br />Arvada, CO 80004 <br />Note: The Division of Minerals and Geology ("Division") shall not be a party, but shall <br />participate in the hearing as staff to the Board. <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 sec , C.R.S. (]998) ("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. All parties shall note that only the issues that were raised in <br />written objections may be addressed by the Board. <br />Impacts to quantity and quality of surface and groundwater. <br />2. Legal right of entry. <br />IV. ISSUES NOT TO BE CONSIDERED <br />All other issues raised by the parties that are not included in the list above will not be considered <br />by the Board, either because the concern has been addressed or because the issue is outside the <br />jurisdiction and authority of the Board under the Construction Materials Act. <br />V. WITNESSES AND EXHIBITS <br />Rules 2.7.1(2)(d) and (e) require that pre-hearing orders contain lists of all witnesses and exhibits <br />that the parties will introduce at the hearing.. The purpose of this rule is to ensure that parties are <br />given an opportunity to prepare replies or rebuttals to the materials offered by other parties. If <br />any parties to this matter submitted lists under that rule, those lists are attached to this order. <br />All documents, exhibits and photographs presented as evidence at the Formal Public Hearing will <br />become part of the administrative record. Upon request, a party may recover any evidence <br />introduced by that party, if no action for judicial review is commenced within thirty (30) days of <br />the date agency action in this matter becomes effective. <br />VI. PROCEDURE <br />The Division, parties and members of the public shall make presentations in the following order. <br />The time limits set out below are maximum limits and shall be strictly enforced. The Board, in its <br />discretion, may allow additional time when warranted. The Board has the right to limit any <br />redundant or irrelevant testimony. At the conclusion of each presentation, and within time limits <br />2 <br />