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2016-04-25_PERMIT FILE - M2016009
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2016-04-25_PERMIT FILE - M2016009
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Last modified
8/24/2016 6:21:10 PM
Creation date
4/26/2016 9:30:50 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2016009
IBM Index Class Name
Permit File
Doc Date
4/25/2016
Doc Name
Notice of Formal Board Hearing, tentative dates for the Pre-hearing Conference
From
DRMS
To
Party and/or Interested Person
Email Name
TOD
WHE
AJW
Media Type
D
Archive
No
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7 <br />THE ROLE OF OTHER GOVERNMENTAL AGENCIES <br /> <br />As part of the adequacy review process, once an application is received and considered filed, <br />the Division sends a notice of the filing of the application to various local, state, and federal <br />agencies, as warranted. These include the county commissioners and planning and zoning <br />departments, the Colorado Division of Wildlife, the Colorado Department of Public Health and <br />Environment, the Office of the State Engineer, the Bureau of Land Management and United <br />States Forest Service (if on federal land), and the U. S. Army Corps of Engineers. These and <br />other governmental agencies are contacted on a case-by-case basis for comments on the <br />application as may be appropriate. <br /> <br /> <br />THE 112 RECLAMATION PERMIT PROCESS <br /> <br />Upon receipt of an application, the Division makes an administrative determination that the <br />application contains sufficient information for the application to be considered filed, as defined <br />by the Rules. Once a 112 Reclamation Permit application is considered filed, the Division has <br />90 days to complete its adequacy review of the application and to make its decision, or <br />recommendation to the Board, to approve or deny the application. Only the applicant may <br />extend the application review process beyond the Division’s 90 day decision date. <br /> <br />During the adequacy review process, the Division examines each exhibit in the application to <br />verify that it meets all the requirements for the exhibit, pursuant to the Acts and the Rules, <br />especially Rule 6. If exhibits are inadequate, the Division sends an adequacy letter to the <br />applicant delineating these inadequacies, which the applicant must address. <br /> <br />If at the decision date, an application still has unresolved adequacy issues, and the applicant <br />has not waived the decision date, the Division may deny the application. Extensions beyond the <br />90th day decision date may not exceed 365 days from the date the application was considered <br />filed unless the Division determines that an additional extension is justifiable. If an application <br />reaches the 365th day and adequacy issues remain, the application may be scheduled for a <br />hearing for the Board to approve or deny the application. <br /> <br />If no objections are received and the Division determines that the application and its exhibits <br />minimally meets the requirements of the Acts and the rules and regulations, the Division may <br />approve the application and, once the required performance and financial warranties are <br />received, issue the permit. <br /> <br />If the Division denies an application or receives a timely and sufficient objection to an <br />application, the application is automatically set for a board hearing. When a board hearing is <br />scheduled due to an objection, the Division will make its recommendation (not decision) to the <br />Board to approve or deny the application on or before the 90th day after the filing of the <br />application with the Division. The Board must make its decision to approve or deny the <br />application within 120 days of application filing, unless the applicant extends the decision date. <br />Again, the applicant may extend or waive the 90 or 120 day deadlines to up to 365 days from <br />the time the application is filed. Extensions may not exceed 365 days beyond the filing date <br />without acceptable justification. <br /> <br />Provisions of the Acts mandate automatic approval of an application if the Division does <br />not make a decision on the application by the 90th day. Likewise, where an objection has
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