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Note: The Division of Minerals and Geology ("Division") shall not be a party, but shall <br />participate in the hearing as staff to the Boazd. <br />III. ISSUES <br />Presentations to the Board shall be limited to the following issues. The parties shall limit <br />nresentations to the ouestion of whether the pending application should be approved or denied, <br />based on the issues stated below. <br />1. Has the Applicant addressed how erosion will be controlled to protect areas, including the <br />highway structure, outside the affected lands? The following areas are a concern to <br />Colorado Department of Transportation: (Rules 3.1.5(3) & 6.4.6)) (DMG Rationale for <br />Recommendation- Issues 7. and 8.) <br />a. wave action erosion on the permanent pond embankments; and <br />b. erosion from the 1:2 slopes of the excavated azea. <br />2. Has the Applicant addressed how impacts to the hydrologic balance will be minimized, <br />specifically potential water quantity and water quality impacts to the Landrns water well? <br />(Rules 3.1.6 & 6.4.7) (DMG Rationale for Recommendation- Issue l l.) <br />3. Has the Applicant submitted a brief statement or plan showing how water from de- <br />watering operations will be managed to protect against pollution of either surface or <br />groundwater both during and after the operation, with respect to the CDOT culverts? <br />(Rule 6.4.7{2){c)) (DMG Rationale for Recommendation- Issue 12.) <br />4. Has the Applicant provided a notarized agreement or an appropriate engineering analysis <br />for the following structures within 200 feet of the affected azea: (Rule 6.4.19) (DMG <br />Rationale for Recommendation- Issues 12, 13. and 15.) <br />a. the Landrns's barn, home and garage; <br />b. the Kerr-McGee gas line; and <br />c. Highway 85 and its related foundations and drainage systems. <br />IV. WITNESSES AND EXHIBITS <br />Pursuant to Construction Materials Rule 2,6(2), all parties must exchange witness and exhibits <br />information at or before the Pre-hearing conference. Witness and Exhibit lists submitted by the <br />Applicant and the Colorado Department of Transportation aze attached. <br />Parties must make a list identifying all witnesses that each may call to testify during the hearing. <br />Identify each witness by name, address, phone number, azea of expertise (if any) and subject(s) of <br />k <br />