Laserfiche WebLink
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 />1. Has the Applicant provided an adequate description for the Legal Right to Enter? (Rule <br />6.3.7) There are three areas in question. <br />a. Has the Applicant established legal right of entry and the right to conduct mining on <br />the land being amended to the existing permit through this amendment application? <br />b. Does the Applicant have the legal right of entry throughout the life of the permit? <br />This relates to the current permit area. <br />c. Does the Applicant have the legal right of entry for the access road located within <br />the current permit area that will be used to provide access to amendment area? <br />2. Were all Owners of Record of land surface within 200 feet of the affected lands properly <br />noticed? (Rule 1.6.2(1)(e)(ii)) <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. Witness and exhibits lists were exchanged and 13 copies were <br />provided. <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 party 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 <br />its 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 />Board's Consideration and Adoption of the Pre-hearing Order: <br />The Pre-hearing Conference Officer shall present this Draft Pre-hearing Order to the <br />Board for adoption. The Board will hear any objections to the proposed Order at that <br />time, and will make any necessary amendments prior to adopting the Order. <br />2 <br />