2008-05-30_PERMIT FILE - M2008010

• Permit No: M2008010
• IBM Index Class Name: Permit File
• Doc Date: 5/30/2008
• Doc Name: Draft pre-hearing order
• From: DRMS
• To: Various
• Email Name: KAP
• Media Type: D
• Archive: No

III. ISSUES
Presentations to the Board shall be limited to the following issues. The parties shall limit
presentations to the question of whether the pending application should be approved or denied,
based on the issues stated below.
1. Has the applicant adequately addressed Rule 6.4.8 of the Construction Materials
Rules and Regulations, requiring the applicant to supply information related to wildlife in
the application materials, including:
a) A description of significant wildlife resources on the affected land;
b) Seasonal use of the area;
C) The presence and estimated population of threatened and endangered species from
either federal and state lists; and
d) A description of the general effect during and after the proposed operation on the
existing wildlife of the area, including but not limited to temporary and permanent
loss of food and habitat, interference with migratory routes, and the general effect
ton the wildlife from increased human activity, including noise.
IV. WITNESSES AND EXHIBITS
Pursuant to Construction Materials Rule 2.6(2), all parties must exchange witness and exhibits at
the Pre-hearing conference. The attached witness and exhibit lists were exchanged via e-mail by
close of business on May 29, 2008.
All documents, exhibits and photographs admitted by the Board 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.
V. 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 Board, in its
discretion, may allow additional time when warranted. The Board has the right to limit any
redundant or irrelevant testimony. As noted below, all parties will be afforded an opportunity to
conduct cross-examination of any witnesses that testified during the presentation.
Board's Consideration and Adoption of the Pre-hearing Order:
The Pre-hearing Conference Officer shall present this Draft Pre-hearing Order to the
Board for adoption. The Board will hear any objections to the proposed Order at that
time, and will make any necessary amendments prior to adopting the Order.
2. Division's Introduction:
The Division shall have 5 minutes in which to present an overview of the application.
2