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DIVISION OF RECLAMATION MINING AND SAFETY <br />1313 Sherman Street, Suite 215 <br />Denver CO, 80203 <br />Division Representatives: <br />Jeff Fugate, Division Attorney <br />Jeff. fugate e,state.co.us <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 Permit Revision No. 6 application should be <br />approved or denied based on the issues listed below. <br />Rules 2.05.5(1) and 4.16 - Postmining Land Uses <br />Has the Applicant provided a detailed narrative and plan for the proposed use, following <br />reclamation of the affected lands? In accordance with land use categories established in <br />the narrative, does the plan include an adequate discussion of the utility and capacity of <br />the reclaimed land to support the identified post-mining land use, and the relationship of <br />the proposed use to existing land use policies and plans? <br />2. Rules 2.04.9, 2.05.3(5), 2.05.4(2)(d) and 4.06 - Topsoil Resources <br />Has the Applicant provided an adequate plan for topsoil removal and redistribution on the <br />Morgan Property including: <br />• Materials to be removed <br />• Storage <br />• Redistribution <br />• Reconditioning/suitability of soils <br />Rules 2.06.6 and 4.25 - Prime Farmlands <br />Have the provisions for Prime Farmlands been addressed pursuant to the requirements of <br />Rules 2.06.6 and 4.25? <br />4. Rule 2.07- Opportunity for Public Participation <br />Have the provisions for public participation been followed according to Rule 2.07.1 - <br />2.07.4? <br />IV. WITNESSES AND EXHIBITS <br />Pursuant to C.R.S. § 24-4-105 (4), prior to the hearing, all parties are directed to exchange <br />witness and exhibit lists, and copies of the exhibits they intend to present on the issues identified <br />above. The witness and exhibit lists, and copies of the exhibits are due by close of business on <br />Monday, November 8, 2010. If an exhibit already exists as a document in PR-06 or the permit <br />file, the document may be referenced on the exhibit list and need not be re-copied. If an exhibit <br />consists of new information that is not already included in PR-06 or the permit file, it must be <br />Western Fuels Proposed Hearing Order <br />C-1981-008