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• ~ •T <br />presentations to the question of whether the pending application should be approved or denied, <br />based on the issues stated below. <br />Effect on quantity and quality of water. <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 />Rule 2.7.1(2) requires that pre-hearing orders contain lists of all witnesses and exhibits that the <br />parties will introduce at the hearing. The purpose of this rule is to ensure that parties are given an <br />opportunity to prepare replies or rebuttals to the materials offered by other parties. <br />The Applicant stated at the Pre-hearing Conference that it does not intend to introduce any new <br />materials not already contained in the record, and that it does not intend to call any witnesses. As <br />the Objector did not attend the Pre-hearing Conference, and did not therefore submit any witness <br />or exhibit lists, the Objector must seek approval from the Board to introduce any witness <br />testimony or exhibits at the hearing. <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 forjudicial review is commenced within thirty (30) days of <br />the date agency action in this matter becomes effective. <br />VI. PROCEDURE <br />Because the Objector party was not in attendance at the Pre-hearing Conference, the Pre-hearing <br />Conference Officer was unable to determine how much time each party should be given at the <br />Final Hearing. Therefore, no time schedule was drafted for the Final Hearing. <br />"~ <br />Dated this ~ day of June, 1999. <br />BY <br />James B. C le ~ <br />Pre-hearing Conference Offi r`~ <br />c/o Division of Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />