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2018-06-01_REVISION - C1980007 (2)
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2018-06-01_REVISION - C1980007 (2)
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Last modified
6/6/2018 10:21:06 AM
Creation date
6/6/2018 10:02:31 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980007
IBM Index Class Name
Revision
Doc Date
6/1/2018
Doc Name
Comment Forwarded To Applicant
From
Shannon Hughes
To
DRMS
Type & Sequence
PR15
Email Name
LDS
Media Type
D
Archive
No
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Accordingly, Objectors urge DRMS to reject the permit revision. Objectors also request <br />an informal conference and request for site visit pursuant to MLRB Rule 2.07.3(6). <br />Basis for Obiections and Requests <br />I. Objectors May Provide Objections and Comments to DRMS <br />As a threshold matter, Objectors may provide comments and objections to proposed <br />permit revisions under consideration by DRMS. The rules provide for public comment for: <br />Any person having an interest which is or may be adversely affected by a decision of the <br />Division regarding the proposed surface coal mining operation, or the officer or head of <br />any Federal, State, or local government agency or authority, shall have the right to submit <br />written objections to or comments upon the initial or revised application for a permit, <br />permit revision or permit renewal, to the Division within 30 days after the last publication <br />of the above notice. <br />Colorado MLRB Rule 2.07.3(5). Here, Objectors meet the regulatory definition of a "person" <br />and the standard for demonstrating adverse effects. <br />At the outset, Objectors are clearly "person[s]" under MLRB Rules. The rules state that a <br />"Person" means: <br />[A]n individual, partnership, association, society, joint stock company, firm, <br />company, corporation, Indian tribe conducting surface coal mining and <br />reclamation operations outside Indian lands, any other business organization, and <br />any agency, unit or instrumentality of Federal, State, or local government <br />including any publicly owned utility or publicly owned corporation of Federal, <br />State, or local government. <br />Colorado MLRB Rule 1.04(92). WildEarth Guardians is a nonprofit organization incorporated in <br />the State of New Mexico.I The Center for Biological Diversity is a nonprofit organization <br />incorporated in the State of Arizona.2 The Sierra Club is a nonprofit organization incorporated in <br />the State of California.' As such, these three organizations fit within the definition of a "person" <br />as defined by Colorado regulations. <br />Further, a "`[p]erson having an interest which is or may be adversely affected or person <br />with a valid legal interest' shall include any and all persons." MLRB Rule 1.04(93). While <br />Objectors certainly fall within the category of "any and all persons," Objectors are actually <br />adversely affected by surface coal mining at the West Elk mine due to the development of <br />1 WildEarth Guardians' corporate records can be accessed through the New Mexico Secretary of State's website at <br />https://portal.sos.state.nm.us/BFS/online/ColporationBusinessSearch. (June 1, 2018). <br />2 The Center for Biological Diversity's corporate records can be accessed through the Arizona Secretary of State <br />Corporation Commission's website at: <br />https://ecolp.azcc.gov/BusinessSearch/Businesslnfo?entityNumber=F21849660. (June 1, 2018). <br />s The Sierra Club's corporate records can be access through the California Secretary of State website at: <br />https://businesssearch.sos.ca.gov/CBS/Detail. (June 1, 2018). <br />
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