2015-01-20_REVISION - C1983059 - Laserfiche WebLink

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TCLLC on September 9, 2013. TCLLC replied to this second adequacy review letter on September 10, 2013. Based on these two adequacy review letters, the Division addressed all of its adequacy concerns for RN -06. The Division did not receive any comment letters from any local, state or federal agencies for RN -06. On February 28, 2013 (letter dated February 26, 2013) the Division received an objection and comment letter (Objection Letter) from Mr. Alan Hassler, Esq. on behalf of an adjacent landowner (the Trust). The Letter outlined five objections to the proposed permit renewal and requested an informal conference, pursuant to Rule 2.07.3(6). The issues and objections included an objection to publishing the public notice four times versus five times, an objection to the location of a security gate on the Terror Creek Loadout property, an objection to the leasing of the Loadout's shop and parking area to a trucking company, an objection to the Loadout operating in accordance with its license agreement for the crossing of the Fire Mountain Canal and an objection to the Loadout's operating in accordance with its highway access permit. The Division determined that the only objection within its jurisdiction was the publication of the legal notice and that the legal notice was published in accordance with Rule 2.07.3(2). The Division responded to the Objection Letter via e-mail on March 5, 2013. An informal conference was subsequently scheduled for March 28, 2013, to be held at the Terror Creek Loadout office. Notice of the informal conference was sent to all interested parties on March 11, 2013 and, pursuant to Rule 2.07.3(6)(b)(ii), a public notice regarding the time, date and location of the informal conference was published in the Delta County Independent on March 13, 2013. Following the informal conference there were several e -mails and correspondence exchanged between Mr. Hassler, the attorney for TCLLC, and the Division's attorney. Since several issues remained unresolved following the informal conference, a second meeting was scheduled and held on January 9, 2014. Based on the meetings and exchanges, the Trust has withdrawn the objections regarding the leasing of the Loadout's shop and parking area to a trucking company, the Loadout operating in accordance with its permit to cross the Fire Mountain Canal and the Loadout operating in accordance with its highway access permit. The remaining two objections have not been withdrawn. The Division is proceeding with its proposed decision over the Trust's two remaining objections pursuant to the following analysis. A. Terror Creek provided proper notice of the permit renewal application. Trust's Objection: C.R.S. § 24- 70- 106(2)(d) requires five publications in a newspaper, but Terror Creek published the public notice required by Rules 2.07.3(2) and 2.08.5(2)(c) four times. Objection Letter, p. 1. Division's Response: Terror Creek satisfied the publication requirements of the Act and Rules. An operator is required to publish public notice of a complete renewal application "once a week for four consecutive weeks." C.R.S. § 34 -33- 118(2); Rule 2.07.3(2). According to the Affidavit of Publication from the Delta County Independent, the Terror Creek published the public notice for the permit renewal on January 9, 2013, January 16, 2013, January 23, 2013, and January 30, 2013. The Trust does not dispute that the notice was published on these four consecutive dates. The Trust instead argues that a separate statutory section — C.R.S. § 24- 70- 106(2)(d)— required Terror Creek to publish the notice a fifth successive time. Relevant language from the section states: For the purpose of defining and clarifying ambiguities in the various statutes requiring the publication of legal notices and advertisements, but not for the purpose of increasing any period of publication or the number of publications required by any statute, the meaning and intent of any law governing the publication of legal notices and advertisements, except as otherwise expressly provided, is declared to be as follows where publication is required for:... Four weeks, publication once each week for five successive weeks .... 4