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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 Boazd shall be limited to the following issues. The parties shall limit <br />presentations to the question of whether the pending application should be approved or denied, <br />based on the issues stated below. <br />1. Has the Applicant adequately considered potential impacts to the prevailing hydrologic <br />balance specifically, potential impacts to the Stillwater Ranch lake and Wattenburg <br />Improvement Association water well? (Rule 3.1.6 and Rule 6.4.7) <br />2. Will the reclamation bond, or financial warranty, adequately cover future reclamation <br />costs? (Rule 4.2.1) <br />IV. WITNESSES AND EXHIBITS <br />Pursuant to Construction Materials Rule 2.6(2), all parties must exchange witness and exhibits <br />information as set forth below no later than 5:00 p.m. on October 25, 2004 or fifteen working <br />days prior to the formal Mined Land Reclamation Board hearing. <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, area of expertise (if any) and subject(s) of <br />proposed testimony. You are not obligated to call every witness on your list. However, if you <br />fail to identify a potential witness, that witness' testimony may be excluded on that basis. <br />Parties must also make a list identifying all exhibits they intend to offer to the Board. If a party <br />intends to introduce exhibits that aze not already part of the agency record, that party must <br />identify such exhibits on the party's exhibits list and provide a copy of the exhibit to all other <br />parties and the DMG. The only exception is for records that cannot be practically reproduced. If <br />a party intends to offer an exhibit that is not part the agency record and cannot be practically <br />reproduced, identify it as such on your exhibits list. In that event, you must make it available for <br />inspection if any party or the Division so requests. If a party intends to offer exhibits that aze <br />already part of the Division's files on this matter, then the party must identify the exhibits on an <br />exhibits list and state that each is already part of the DMG record. Identify all exhibits on your <br />exhibits list with sufficient detail to enable other parties to fmd the exhibit. Use details such as <br />title, specific description, date, author, and/or recipient. If you fail to identify an exhibit, the <br />exhibit may be excluded from the record on that basis. <br />All documents, exhibits and photographs admitted by the Boazd as evidence at the Formal Public <br />Hearing will become part of the administrative record. Upon request, a party may recover any <br />evidence introduced by that party, if no action for judicial review is commenced within thirty <br />(30) days of the date agency action in this matter becomes effective. <br />