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2016-01-05_GENERAL DOCUMENTS - C1981035
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2016-01-05_GENERAL DOCUMENTS - C1981035
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Last modified
8/24/2016 6:14:06 PM
Creation date
1/8/2016 1:35:45 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981035
IBM Index Class Name
General Documents
Doc Date
1/5/2016
Doc Name
Danielson Correspondence Regarding Process TR 23, 25, 25, and 26
From
Law office of Luke Danielson
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
RAR
DIH
Media Type
D
Archive
No
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2. There has been no further federal review. <br />The 2001 Environmental Assessment is a sketchy basis for approval of a project this size <br />with this scale of impacts. It was, frankly, a very weak effort. <br />But the deficiencies of this analysis are magnified by the fact that there has been no <br />subsequent federal permitting or analysis in the last fourteen years, while the mine <br />production level has increased over 4009.2 <br />The Division Has Been Headed Down the Wrong Path <br />DRMS has been facilitating this expansion and helping to keep it "under the radar" of <br />public scrutiny by two incorrect approaches that really need to be reversed <br />immediately. <br />The changes in the permit have been divided up piecemeal and considered <br />separately; and <br />They have been improperly treated as Technical Revisions rather than Permit <br />Amendments, thus allowing them to proceed without the public being aware, <br />and without adequate public participation. <br />TR 23, TR 24, TR 25 and TR 26 are all part of the same process of expansion; there is no <br />justification for treating them separately. <br />There is also no justification for treating these matters as Technical Revisions, whether <br />considered separately or together. The only reason for doing that is to truncate and <br />avoid public awareness and public participation; the company knows the depth of public <br />feeling and wants to "fly under the radar." This is not an approach that the Division <br />should facilitate. <br />TR 23 allows an expansion in the production level from 800,000 tons per year to <br />1,300,000, when the 800,000 ton level was already causing unacceptable impacts that <br />were being regulated at no level of government, and the only analysis of impacts was <br />based upon a 300,000 ton production. Yet somehow TR 23 was supposed to be a <br />"technical revision." <br />TR 24 would add something like 87.3 acres to the permit area. Somehow the Division <br />made a determination under C.R.S. § 2.08.4(2)(b) and (c) that adding 87.3 acres to the <br />existing permit area was an "incidental boundary revision." <br />2 There is another EA in the works, but no date or deadline for that process. <br />
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