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Plumb Irrigation Company <br />28806 County Road 51 <br />Greeley, CO 80631 <br />Note: The Division of Reclamation, Mining and Safety ("Division") shall not be a party, but <br />shall participate in the hearing as staff to the Board. <br />III. ISSUES <br />Presentations to the Board shall be limited to the following issues. The parties shall limit <br />presentations to the question of whether the pending application should be approved or denied, <br />based on the issues stated below. <br />Has the Applicant adequately addressed the potential impacts to the hydrologic balance as <br />required by Rule 6.4.7 for the following issues: <br />a. construction of the bentontite wall resulting in possible shadow effects and <br />mounding and; <br />b. Potential loss of water from the Plumb Ditch. <br />2. Has the Applicant adequately addressed adverse affects to the stability of the Plumb <br />Ditch which is within 200 feet of the affected land? (Rule 6.4.19) <br />IV. WITNESSES AND EXHIBITS <br />Pursuant to Construction Materials Rule 2.6(2), all parties must exchange witness and exhibits at <br />the Pre-hearing conference. All parties witness list and exhibits are attached. Please note that <br />there is some duplication between the two parties' exhibits. <br />All documents, exhibits and photographs admitted by the Board as evidence at the Formal Public <br />Hearing will become part of the administrative record. Upon request, a parry may recover any <br />evidence introduced by that party, if no action for judicial review is commenced within thirty <br />(30) days of the date agency action in this matter becomes effective. <br />V. PROCEDURE <br />The Division, parties and members of the public shall make presentations in the following order. <br />The time limits set out below are maximum limits and shall be strictly enforced. The Board, in its <br />discretion, may allow additional time when warranted. The Board has the right to limit any <br />redundant or irrelevant testimony. As noted below, all parties will be afforded an opportunity to <br />conduct cross-examination of any witnesses that testified during the presentation. <br />2