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5. Does the Applicant's plan minimize disturbances to the quality and quantity of surface <br />and groundwater systems, including potential impacts from a batch concrete or asphalt <br />plant? Rules 3.1.6 (1) and 6.4.7(1), (2). <br />y~ Does the Applicant have approval from the Corps of Engineers for the correct location <br />and extent of the proposed operation? Rule 6.4.13. <br />Has the Applicant provided a description of the basis for legal right of entry to the <br />proposed mining site and to conduct mining and reclamation for the life of the mine? <br />(Rules 6.4.14 and 6.3.7) <br />8. Does the Applicant's reclamation plan provide for grading to control erosion and siltation <br />of the affected lands, to protect the state highway right-of--way from damage? (Rule <br />3.1.5(3)) <br />IV. ISSUES NOT TO BE CONSIDERED <br />All other issues raised by the parties that aze 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 Boazd under the Construction Materials Act. <br />V. WITNESSES AND EXHIBITS <br />Rule 2.6 requires that a list of all witnesses and exhibits that the parties will introduce at the <br />hearing be provided to each party no less than fifteen working days prior to the Formal Boazd <br />Hearing. The purpose of this rule is to ensure that parties aze given an opportunity to prepaze <br />replies or rebuttals to the materials offered by other parties. Any party that wishes to view <br />another party's exhibits should contact that parry or the party's Attorney of Record. Witness and <br />exhibits lists shall be provided to each party by May 6, 2003. <br />The parties shall note that if a witness and exhibit list was not provided to each party at least <br />fifteen working days prior to the Formal Boazd Heazing, that parry may not introduce any <br />exhibits or present any witnesses at the fmal hearing in this matter without express permission <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 />