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The issues to be considered were all raised by objectors in a timely fashion during the application public comment period and the Informal Conference phase, and were narrowed and clarified at the Pre-hearing Conference. 1. Does the reclamation permit application demonstrate how operations will be conducted to minimize impacts to the hydrologic balance of the stream on Beverly Smesrud-Stewart's property? 2. Does the reclamation permit application demonstrate how operations will be conducted to minimize impacts to the hydrologic balance of the two wells on Beverly Smesrud-Stewart's property? 3. Does the reclamation permit application appropriately address the potential for soil, groundwater and surface water contamination? 4. Does the reclamation permit application appropriately address the safety and protection of wildlife regarding habitat disruption, disruption of mule deer severe winter range and winter concentration area, and displacement of wildlife? IV. ISSUES NOT TO BE CONSIDERED All other issues raised by the parties that are not encompassed in the list above will not be considered by the Board, either because the concern has been addressed or because the issue is outside the jurisdiction and authority of the Board under the Construction Materials Act. V. WITNESSES AND EXHIBIT 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 prepare replies or rebuttals to the materials offered by other parties. At the Pre-hearing Conference, the parties submitted the names and addresses of two witnesses they will call during the Formal Public Hearing; Michael Russel, Attorney, 200 Grand Avenue, Grand Junction, Colorado and William Lorah, Water Engineer, 818 Colorado Avenue, P. 0. Box 219, Glenwood Springs, Colorado. The parties to this matter did not submit any exhibits. Therefore, no exhibits may be presented at he Formal Public Hearing 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 for judicial review is commenced within thirty (30) days of the date agency action in this matter becomes effective. 2