2018-06-01_REVISION - C1980007 (2)

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Accordingly, Objectors urge DRMS to reject the permit revision. Objectors also request an informal conference and request for site visit pursuant to MLRB Rule 2.07.3(6). Basis for Obiections and Requests I. Objectors May Provide Objections and Comments to DRMS As a threshold matter, Objectors may provide comments and objections to proposed permit revisions under consideration by DRMS. The rules provide for public comment for: Any person having an interest which is or may be adversely affected by a decision of the Division regarding the proposed surface coal mining operation, or the officer or head of any Federal, State, or local government agency or authority, shall have the right to submit written objections to or comments upon the initial or revised application for a permit, permit revision or permit renewal, to the Division within 30 days after the last publication of the above notice. Colorado MLRB Rule 2.07.3(5). Here, Objectors meet the regulatory definition of a "person" and the standard for demonstrating adverse effects. At the outset, Objectors are clearly "person[s]" under MLRB Rules. The rules state that a "Person" means: [A]n individual, partnership, association, society, joint stock company, firm, company, corporation, Indian tribe conducting surface coal mining and reclamation operations outside Indian lands, any other business organization, and any agency, unit or instrumentality of Federal, State, or local government including any publicly owned utility or publicly owned corporation of Federal, State, or local government. Colorado MLRB Rule 1.04(92). WildEarth Guardians is a nonprofit organization incorporated in the State of New Mexico.I The Center for Biological Diversity is a nonprofit organization incorporated in the State of Arizona.2 The Sierra Club is a nonprofit organization incorporated in the State of California.' As such, these three organizations fit within the definition of a "person" as defined by Colorado regulations. Further, a "`[p]erson having an interest which is or may be adversely affected or person with a valid legal interest' shall include any and all persons." MLRB Rule 1.04(93). While Objectors certainly fall within the category of "any and all persons," Objectors are actually adversely affected by surface coal mining at the West Elk mine due to the development of 1 WildEarth Guardians' corporate records can be accessed through the New Mexico Secretary of State's website at https://portal.sos.state.nm.us/BFS/online/ColporationBusinessSearch. (June 1, 2018). 2 The Center for Biological Diversity's corporate records can be accessed through the Arizona Secretary of State Corporation Commission's website at: https://ecolp.azcc.gov/BusinessSearch/Businesslnfo?entityNumber=F21849660. (June 1, 2018). s The Sierra Club's corporate records can be access through the California Secretary of State website at: https://businesssearch.sos.ca.gov/CBS/Detail. (June 1, 2018).