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2013-03-22_REVISION - C1981008
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2013-03-22_REVISION - C1981008
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Entry Properties
Last modified
8/24/2016 5:18:46 PM
Creation date
2/20/2014 7:52:57 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
Revision
Doc Date
3/22/2013
Doc Name
Answer Brief of Western Fuels Colorado 2010 CV548
From
Christopher Kamper, Stewart McNab Carver, Schwarz Mc Nab & Baily, LLC
To
District Court, Montrose County Colorado
Type & Sequence
PR6
Email Name
DAB
Media Type
D
Archive
No
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and the time to appeal the approval of TR -57 expired 30 days later, in the summer <br />of 2009. R. 7816; C.R.S. § 34 -33- 119(9). Under the reclamation provisions of <br />TR -57, DRMS approved the use of a soil material called Bench 1 as subsoil where <br />it had been placed beneath topsoil when reclamation began on the easternmost <br />portion of the Morgan property. Id. at R. 8524, last paragraph. <br />9. As a result of the determination that the Morgan property contained <br />prime farmland, DRMS requested that Western Fuels submit an application for a <br />major permit revision, PR -6, which was submitted to DRMS on November 12, <br />2009. R. 7305:19 -22; R. 7816, third paragraph. <br />10. In response to Ms. Turner's demand, DRMS held an informal hearing <br />on PR -6 in Nucla, where Ms. Turner, Michael Morgan, and community members <br />voiced their objections to PR -6. R. 7306:6 -15; Proposed Decision and Findings of <br />Compliance, at R. 7817, second and third paragraphs. <br />11. In response to these objections, and because DRMS wanted to be sure <br />that PR -6 would meet standards applicable to prime farmland, DRMS issued five <br />separate adequacy review letters, each of which resulted in Western Fuels- <br />Colorado revising the permit application to respond to the concerns. R. 7306:16— <br />7308:11; Proposed Decision and Findings of Compliance, R. 7817, last paragraph <br />—7819,4 th paragraph. <br />,00145923 2 } 7 <br />
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