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The Division received timely objections from Leonard K. Vargas, Aquatic and <br />Wetland Company, William Gee, Will and Linda Piper, Robert E &Lavenia <br />Temmer, Todd and Audrey Schroeder, Robert L. and Mary Ellen Stamm, and Neil <br />and Laura Coyle. <br />4. The Board has jurisdiction over the parties and the subject matter of this case <br />pursuant to C.R.S. § 34-32.5-114. <br />5. The Boazd appointed a preheating conference officer who conducted a prehearing <br />conference on June 20, 2003 in Denver, Colorado, and prepazed a proposed <br />preheating order. Parties who appeazed at the preheating conference included the <br />Applicant, and Objectors Aquatic and Wetland Company, Robert and Lavenia <br />Temmer, and Nei] and Laura Coyle. All other objectors failed to appear, and thereby <br />lost their party status in accordance with Construction Materials Rule 2.7.3(4). <br />6. At the commencement of the hearing, Aquatic and Wetland Company announced that <br />it has settled its dispute with the Applicant and withdraws as an objector in this <br />matter. <br />7. The Board adopted the proposed preheating order with modifications to reflect the <br />withdrawal of Aquatic and Wetlands Company. <br />8. The Division recommends approval of this application with two stipulations, set forth <br />below. <br />9. The issues set forth in the preheating order are: <br />A) Has the Applicant proposed measures to minimize impacts to the <br />hydrologic balance in the aquifer beneath the proposed mine site to protect <br />surface vegetation, including nursery stock and wetlands? <br />B) Has the Applicant complied with the State Engineer's rules governing <br />injuries to water rights? <br />C) Has the Applicant planned to minimize impact to surface water systems <br />within and adjacent to the proposed permit area? <br />