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Objector's Representative: <br />Goldman, Robbins and Nicholson, P.C. <br />P.O. Box 2270 <br />Durango, CO 81302 <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 />1. Has the Applicant provided an adequate plan to address storm water runoff? (Rule <br />6.4.7(c)) <br />2. Has the Applicant provided an adequate plan to protect wildlife? (C.R.S. § 34-32.5- <br />102(1)) <br />3. Has the Applicant adequately addressed how areas outside of the affected land will be <br />protected from damage occurring during the mining operation and reclamation? (C.R.S. <br />§ 34-32.5-116(1)) <br />IV. WITNESSES AND EXHIBITS <br />Pursuant to Construction Materials Rule 2.6(2), all parties must exchange witness lists and <br />exhibits at the Pre-hearing conference. Witness and exhibit lists were exchanged at the Pre- <br />hearing conference and copies are attached to this Draft Pre-hearing order. <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