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2022-08-15_ENFORCEMENT - M1977410
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2022-08-15_ENFORCEMENT - M1977410
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Last modified
8/18/2022 7:51:56 AM
Creation date
8/17/2022 10:46:03 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977410
IBM Index Class Name
Enforcement
Doc Date
8/15/2022
Doc Name
Petition to Repeal MLRB Finding
From
Robert Botts Jr. Stinson LLLP
To
DRMS
Email Name
JPL
JLE
CMM
GRM
Media Type
D
Archive
No
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related to the submission of water testing results for April through June 2022. Accordingly, there <br /> is no need to hold a hearing prior to deciding to remove the Cease and Desist Order. See Rule <br /> 2.5.4(f) (permitting Board to rule on petition without a hearing). In addition, scheduling and <br /> holding a hearing on this issue would further unnecessarily delay the Board's decision concerning <br /> the removal of the Cease and Desist Order, which in turn will further delay GIR's mining <br /> operations and, in turn,continue to cause unnecessary harm on GIR. <br /> As described above, GIR complied with all of the Division's mandates and then promptly <br /> requested the Division remove the Cease and Desist Order. The Division, however, failed and <br /> refused to respond to multiple requests throughout the month of July 2022 and then finally <br /> responded on July 29,2022, only to say that the decision should be left to the Board. Based on the <br /> Division's delay in responding to GIR's multiple requests,coupled with its eventual deferral to the <br /> Board, it appears that the Division is intentionally attempting to delay the removal of the Cease <br /> and Desist Order to prevent GIR from resuming pre-Cease and Desist Order mining operations. <br /> Adding this issue to the agenda at a future Board meeting will only further unnecessarily delay a <br /> decision and a hearing is unnecessary in any event since the facts related to compliance with the <br /> Cease and Desist Order are straightforward and undisputed. <br /> III. Conclusion <br /> GIR respectfully requests that the Board remove its February 18, 2022 Cease and Desist <br /> Order without a hearing. <br /> 8 <br />
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