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i.ist of Wi4tesus, Exhibi's and• iriona! ;sntcs of hlr. & Mrs. Jack & Carol Ak~ Pago - 4 <br />BNS -Line Camp Gravel Pit applllcation M - 2001- OOI <br />Mr. Gates' testimony is necessary to show that the applicant is not in <br />compliance with Regulations 31 & 34, as well as Section 402 of the Federal <br />Clean Water Act,to show that the applicant is not in compliance with the <br />applicable State and Federal Laws <br />Mr. Wallace H. Erickson <br />Environmental Protection Specialise <br />Division of Minerals and Geology <br />Department of Natuzal Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />The purpose o£ the subpoena for Mr. Erickson is to cross-examine him <br />on the rationale for recommending approval of the application as well as on the <br />issues of Agency bias. <br />Statement of Additional Issues <br />For each and every subpoena denied by the Department, the parties raise <br />the issue of lack of due process of law under the Fifth and Fourteenth <br />Amendment to the United States Constitution and the applicable provisions of <br />the Colorado Constitution, a violation of the Administrative Procedures Act, <br />and, agency bias. <br />The parties also raise the issue of agency bias overall in favor of <br />applicants and opposed to any other interest seeking due process before the <br />Board. <br />The parties also raise the issue of the lack of due process in the <br />Administrative Procedures Act as to the inability of the parties to obtain the <br />time necessary to develop the record for judicial review, cross-examine <br />witnesses, and cross-~arr~ine the authors of documents the Board intends to <br />use in support of its decision to grant the application, as well as to present <br />evidence and testimony in their case-in-chief necessary to present an adequate <br />record for judicial review and due process of law. <br />The parties also raise the issue that the Board, by denying them <br />procedural due process of ]aw, also denies them substantive rights guazanteed <br />by the Fifth and Fourteenth Amendments to the United States Constitution <br />and corresponding provisions of State Law. <br />