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2013-03-22_REVISION - C1981008 (2)
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2013-03-22_REVISION - C1981008 (2)
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Entry Properties
Last modified
8/24/2016 5:18:46 PM
Creation date
2/20/2014 7:54:23 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
Revision
Doc Date
3/22/2013
Doc Name
Joint Answer Brief of Defendents Colorado Mined Land Reclamation Board & DRMS 2010 CV548
From
DRMS
To
District Court, Montrose County Colorado
Type & Sequence
PR6
Email Name
DAB
Media Type
D
Archive
No
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order to ensure preservation of prime farmland soils. R: 8522. Indisputably, February of 2008 <br />was the first time the Morgan Property was designated as including prime farmland. Opening <br />Brief, p. 22. <br />In response to the Division's direction a technical revision, "TR -57," was submitted on <br />March 28, 2008, and addressed revised soil handling and soil salvage practices and redistribution <br />plans necessary to ensure compliance and achievement of prime farmland reclamation plan <br />objectives. The Division approved TR -57 on March 4, 2009.5 The Division issued a proposed <br />decision for WFC's Permit Renewal No. 5 ( "RN -5 ") on August 24, 2009 that included two <br />stipulated permit conditions requiring WFC to address additional outstanding prime farmland <br />issues by future permit revision. The Division did not receive objections to the RN -5 proposed <br />decision from anyone, including the Plaintiffs, and it became final on October 8, 2009. <br />B. The Division's Administrative Review and Proposed Approval of PR -6 <br />WFC submitted its PR -6 application in November 2009, as required by RN -5's <br />stipulations, to implement the now - applicable prime farmland reclamation standards. The <br />Division's administrative review of PR -6 consisted of two parts: providing the opportunity for <br />public participation and conducting a thorough technical review of the document. See Rules 2.07 <br />& 2.08.4. <br />1. Public Commentary and Involvement in Reviewing PR -6 <br />The PR -6 application was properly noticed and during the 30 -day public comment period <br />the Division received numerous objection letters. Ms. Turner, representing the Plaintiffs' <br />The Plaintiffs ultimately withdrew their objections to TR -57. <br />7 <br />
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