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<br />Red Creek Ranch <br />c/o Joseph O' Brien <br />7600 South I-2~ <br />Pueblo, Colorado 81004 <br /> <br />The Preheazing Officer ruled that all of these individuals shall be considered as parties to the <br />hearing. <br />The Division of Minerals and Geology shall not be a party, but shall participate in the hearing as <br />staff to the Boazd. <br />Other persons who did not submit timely notices and did not attend the Informal Conference or <br />the Prehearing Conference, will have an opportunity to speak as members of the public at the <br />formal Public Hearing, but shall not be afforded party status. <br />III. ISSUES TO BE CONSIDERED <br />Presentations to the Boazd shall be strictly limited to the issues of whether the pending <br />application complies with the requirements of the Colorado Mined Land Reclamation Act <br />( C.R.S. 34-32.5) and the Rules and Regulations promulgated by the Boazd for implementation <br />of that Act. The parties shall limit presentations to the question of whether the pending <br />application should be approved or denied based on the issues stated below. <br />Shall the Homeowners Association be notified when the operator submits their response <br />to Stipulation No. 3, which addresses the off=site impacts of their proposed blasting plan. <br />What protection should be afforded to cultural and historic resources in the azea including <br />petroglyphs and skeletal remains. The Division will contact the State Historic <br />Preservation Office and request that a member of their staff attend the meeting. <br />3. Whether the hydrologic impact analysis, which will be submitted in response to <br />Stipulation no. I, should be subject to the input of the objectors and whether the <br />objectors should be included in that review process. <br />IV. WITNESSES AND EXHIBITS <br />Each party will submit to the Division, and furnish a copy to the other parties, a list of witnesses <br />and a list of exhibits to be received by the Division and any other party no later than 5:00 p.m. on <br />February 20, 1998. These lists are to be appended and made a part of this order. <br />All documents, exhibits, and photographs presented as evidence at the Format Public Hearing <br />will become part of the administrative record. Upon request, a party may recover any evidence <br />introduced by that party, providing that no action forjudicial review is commenced within thirty <br />