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However, should the Board determine that the October 13, 2010 letter of objection was in <br />fact specific enough in detail as to trigger the 30 day hearing process, the hearing would have <br />to be held no later than November 12, 2010. Thus, the Board would have to convene for a <br />special hearing. Until otherwise directed by the Board, the Division will leave the matter on <br />the November 17, 2010 agenda. <br />Setting of Format Hearing Location <br />In both letters of objection Ms. Turner makes the request that the formal hearing be held in <br />Nucla, Colorado. Ms. Turner states that there are many members of the community that are <br />interested in this matter that will be unable to make the trip to Denver. To date, the Division <br />has not received any other letters of objections or requests to participate in the formal <br />hearing. <br />As stated above, the Rules require that this matter be set for formal hearing no later than 30 <br />days after the request was received. Therefore, unless a special hearing is held by the Board, <br />this matter must be heard at the November 17, 2010 regularly scheduled Board hearing in <br />order to meet the 30 day due process requirement. As the Board is aware, a tremendous <br />amount of preparation and logistics are involved in setting the monthly agenda. The <br />November 2010 agenda currently has 17 items set to be heard by the Board. The Division <br />has issued numerous notice letters to the parties involved in the other matters that the hearing <br />will take place in Denver. In addition, the Division has started to publish notice in the <br />newspaper that the hearings will take place in Denver. It would be a difficult, if not <br />impossible, task to relocate the November, 2010 Board hearing to Nucla. In light of the <br />circumstances, and the 30 day hearing requirement mandated by the Rules, Denver is an <br />appropriate location to hold the formal hearing on the objection to PR-06. <br />Request for Site Tour Prior to Hearing <br />In both letters of objection Ms. Turner has requested that the Board tour the mine site prior to <br />holding the formal hearing. Although this request is directed at the Board and not the <br />Division, the Division believes that such a request may be difficult to organize prior to the <br />hearing. Public notice of the tour would need to be published in a local paper as the tour <br />would constitute a "public meeting" as defined in the APA. In addition, Ms. Turner has not <br />provided specific reasons why a site-tour is necessary. Finally, it would take significant staff <br />time and expense to organizing such an off-site tour on the western slope. Much of the visual <br />information relevant to PR-06 can be presented to the Board in the form of photographs and <br />maps, making a site visit prior to the hearing unnecessary. <br />Request for the Board to Issue Subpoenas <br />In both letters of objection Ms. Turner has requested that the Board issue subpoenas to <br />various witnesses she states would be willing to testify but "do not feel comfortable coming <br />without being subpoenaed because of their jobs". Under Rule 2.07.4(3)(e), the board has the <br />authority to "subpoena witnesses or written or printed materials" and to "compel attendance