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3. Because objections were received during the comment periods, the matter was set for a <br />formal Boazd hearing pursuant to Constmction Materials Rule ("Rule") 1.7.4(2). <br />4. The Boazd has jurisdiction over the parties and this matter pursuant to Sections 34-32.5- <br />104, 34-32.5-105 and 34-32.5-114 of the Colorado Land Reclamation Act for the <br />Extraction of Constmction Materials, Section 34-32-5-101 et seq. C.R.S. (2005) ("Act"). <br />5. On Apri125, 2006, a hearing officer appointed by the Board conducted a prehearing <br />conference in Cedaredge, Colorado pursuant to Rules 2.6 and 2.7. As a result of the <br />prehearing conference, the prehearing conference officer prepazed a proposed prehearing <br />conference order. In addition to the Applicant, parties who appeazed at the prehearing <br />"' ' conference included Frances P. Lazeaz, Janet'Croissant, Louan Lundberg Gregory D. <br />""" ''`Lazeaz, Larry Chick, Dr. James Hudson, Patricia Gazdner, Bill Welch, Lee and Joyce <br />Garman, Patricia Crader, Rex and Renata Replogle, Paul Peter and Patricia Urone, Paul <br />A. and Verla H. Priest, all of whom are members of the Coalby Canyon Association. All <br />other objectors failed to appeaz and thus lost their party status pursuant to Rule 2.7.3(4). <br />At the Formal Boazd Hearing on May 10, 2006, the Board approved the proposed <br />prehearing conference order. While all of the individuals at the prehearing conference <br />did not attend the Formal Board Hearing, they were all represented at the Forma] Board <br />Hearing through the Coalby Canyon Association and its attorney, Ms. Potter, and through <br />its designated representatives, Verla Priest, Janet Croissant, Bill Welch and Greg Lazeaz. <br />7. The issues set forth in the prehearing order, as revised, are: <br />A. Is the information submitted with the application accurate and complete for the <br />following items (Rule 1.4.1(3): <br />(1). the pre-mining land use and site description; and <br />D..~....... D..,.,. TR'1(1(1C /1'11 <br />