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29 <br /> 1 the provisions of 114 to apply, it would have stated 1 plan or revision or renewal thereof." <br /> 2 so. "Technical revision" is a defined tens. 2 This is a technical revision, and I <br /> 3 If it had intended for technical 3 do see the burdens contained in 114 of the operator <br /> 4 revisions to be subject to 114, they would have said 4 to be on point, specifically 114(2)(a) and (2)(b) <br /> 5 so. They would have also said a revision includes a 15 where it talks about "The permit application is <br /> 6 technical revision. Those definitions do not occur. 6 accurate and contains all information contained <br /> 7 So it is our position that, again, 7 under this article and regulations promulgated <br /> 8 section 114 does not apply. The Board is supposed 8 thereunder." I think that is the burden of the <br /> 9 to review this matter under section 116 and under 9 applicant in this matter. <br /> 10 the requirements there, and it has the latitude to 10 kid also (2)(b), that "The applicant <br /> 11 do so and specifically on such other information 11 has demonstrated that reclamation as required by <br /> 12 deemed necessary by the office to properly evaluate I12 this article can be accomplished under the <br /> 13 the technical revision. 13 reclamation plan contained in the permit <br /> 14 It does not require that all of the 14 application." <br /> 15 provisions of 114 be met. It's a much more fluid 15 So especially I think those place -- <br /> 16 process, and it is to be expedited. This is not the 16 those provisions of 114 place a burden on the <br /> 17 same thing as a revision to a permit. 17 applicant to show that their application is in <br /> 18 That's all. 18 compliance with the act and the rules. <br /> 19 MR. ROBERTS: Mr. Beckwith. 19 MR. ROBERTS: If there's nothing else <br /> 20 MR. BECMTH: I agree. A revision 20 from the parties, take caments from the Board. <br /> 21 is a revision, and 114 refers to the entire article. 21 MR. SINGLETARY: Comments from the <br /> 22 It does not refer to a specific type of revision. 22 Board. <br /> 23 It refers to any and all revisions. The only 23 MS. VAN NOORD: Are we allowed to <br /> 24 difference between a general and a technical 24 even rule on this at this point, the three -- <br /> 25 revision is the scope of the revision itself. 25 MR. ROBERTS: Because we only have <br /> 29 31 <br /> 1 That's all. 1 three? <br /> 2 So by doing and saying, Oh, you're 2 MS. VAN NOORD: Yeah. <br /> 3 subject to a different standard because they could 3 MR. ROBERTS: I've been wrestling <br /> 4 have said soothing, they already did. 114 refers 4 with that for the last 10 minutes. When did Bob say <br /> 5 to the entire article, meaning it refers also to 5 he would be back? <br /> 6 116. Therefore, the burden remains under 114 6 MR. SINGLETARY: He said he'd be back <br /> 7 relative to proof by Snowcap that the reclamation 7 about 12:00. <br /> 8 requirements are net. 8 MR. BECMTH: Yes. I heard noon. <br /> 9 Thank you. I submit it. 9 MR. ROBERTS: Okay. I don't think <br /> 10 MR. JUSTUS: I have a final response. 10 so. <br /> 11 The General Assenbly defines certain types of 11 MS. VAN NOORD: I don't think so <br /> 12 actions under the article in that very first 12 either. <br /> 13 sentence of 114(1) that are subject to this article. 13 MR. ROBERTS: Yeah. I wanted to hear <br /> 14 It is revisions, renewals, et cetera. 14 from the parties, but I'm putting off in my mind <br /> 15 Mr. Beckwith is attenpting to paint 15 whether we should even have a ruling on it. I think <br /> 16 the definition of revision broader than is defined 16 we should wait until Bob gets back to make the call. <br /> 17 by the statute and the application of this provision 17 On that note, I think it makes sense <br /> 18 broader than is intended by the legislature. 18 not to adopt the prehearing order until we have a <br /> 19 MR. ROBERTS: Anything else from the 19 quorum as well. Thoughts? <br /> 20 parties? 20 MR. SINGLETARY: Do you have any <br /> 21 MR. BECKWITH: Not I. Thank you. 21 additional suggestions? <br /> 22 MR. ROBERTS: Division? 22 MR. ROBERTS: I think we hold the <br /> 23 MR. SCHUTLZ: I guess I would note 23 meeting until we have a quorm. <br /> 24 that 34-33-114 does state, "Upon the basis of a 24 MR. SINGLETARY: Yes, sir. <br /> 25 complete permit application, including a reclamation 25 MR. BECKIM: Sir, may I request <br /> 30 32 <br />