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.L :_ ~ • IV. ISSUES NOT TO BE CONSIDERED The Board will not consider all other issues raised by the parties that are not encompassed in the list above. Such issues will not be considered because the concern has been addressed, because the Board does not have the authority to resolve the issue under the Construction Materials Act, or because the issue is not properly considered iit the context of this proceeding. Does the proposed operation conflict with residential use in the area? 2. Would Western Mobile's haul trucks increase air pollution? Would Western Mobile's haul trucks cause excessive noise? 4. Would Western Mobile's haul trucks damage the highways'? Did previous industrial activity at the proposed pit location alter the floodway channel for the Big Thompson River? V. WITNESSES AND EXHIBITS Rule 2.7.1(2) requires that the pre-hearing order contain lists of all witnesses and exhibits that the parties will introduce at the hearing. The purpose of this rule is to ensure that parties are given an opportunity to prepaze replies or rebuttals to the materials offered by other parties. At the Pre-heazing Conference, no party submitted a list of witnesses or exhibits. The Applicant, the only party present, was instructed to submit, by x:00 p.m. on August 9, a list of any witnesses who may testify or exhibits it intends to present. All lists that were submitted to the Board by that deadline aze attached to this order. All documents, exhibits and photographs presented as evidence at the Formal Public Hearing will become part of the administrative record. Upon request, a party may recover any evidence introduced by that party, if no action forjudicial review is commenced within thirty (30) days of the date agency action in this matter becomes effective. VI. PROCEDURE The Division, parties and members of the public shall make presentations in the following order. The time limits set out below are maximum limits and shall be strictly enforced. The Boazd, in its discretion, may allow additional time when warranted. The Board has the right to limit any redundant or irrelevant testimony. At the conclusion of each presentation, and within time limits set by the Board, there will be an opportunity to conduct cross-examination of any witnesses that testified during the presentation. Board's Consideration and Adoption of the Pre-hearing Order: