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of the witnesses or production of the materials". The Division does not have a position on <br />this request, however, the Board should be aware that many of the witnesses listed by Ms. <br />Turner have been involved with this site and have already provided written records that are <br />part of the public permit file that can be used as evidence at the hearing. Although the Board <br />clearly has subpoena powers, use of these powers may not be necessary as the evidence <br />sought by Ms. Turner may be readily available in written form. <br />Conclusion <br />In order to comply with the due process requirements of the Act and Rules, this matter must <br />be heard by the Board no later than November 20, 2010 (unless the Board determines that the <br />October 13, 2010 letter triggers the hearing process in which case it must be heard, by special <br />meeting, no later than November 12, 2010). Currently, this matter has been tentatively added <br />to the November 17, 2010 regularly scheduled Board hearing and will remain on this agenda <br />unless the Division is directed otherwise by the Board. Should this matter remain on the <br />November 17, 2010 agenda it will be very difficult to relocate this matter to Nucla, Colorado <br />as there are 17 other matters currently set to be heard by the Board on that date. <br />THEREFORE, based on the arguments presented above, the Division requests that this <br />matter be set for formal hearing on November 17, 2010 at the regularly scheduled Board <br />hearing located in Denver, Colorado. In addition, the Division requests that the Board issue <br />a formal written ruling regarding the request for subpoenas, the request for a site tour, and <br />the request for a pre-hearing conference/proposed hearing order so that the Division staff <br />may proceed accordingly. <br />Respectfully Submitted this 26`" Day of October, 2010. <br />JOHN W. SUTHERS <br />Attorney General r-, <br />5#37679 <br />General <br />Conservation Unit <br />Natural Resources & Environment Section <br />Attorney for DRMS <br />1525 Sherman Street, 7th Floor <br />Denver, Colorado 80203 <br />Telephone: 303-866-5532 <br />E-Mail: iefl:fugate<. ;state.co.us <br />4