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2023-04-07_PERMIT FILE - M2021052
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2023-04-07_PERMIT FILE - M2021052
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Last modified
4/10/2023 8:53:47 PM
Creation date
4/10/2023 8:01:11 AM
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Template:
DRMS Permit Index
Permit No
M2021052
IBM Index Class Name
Permit File
Doc Date
4/7/2023
Doc Name
Decision Extension Request
From
IHC Scott
To
DRMS
Email Name
ACY
THM
Media Type
D
Archive
No
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property on the north and was perceived as a discharge on the adjacent property to the <br /> west, these owners raised a variety of objections (most with little rational or legal <br /> foundation) sufficient to convince Garfield County that a redesign was warranted. <br /> In response to the initial objections, IHC Scott revised its mining plan to instead dewater <br /> the property via a proposed pipe running to the Colorado River across a different <br /> neighboring property (the owner of which has no objection to this application or the <br /> mining operation). In response to this revision, the same neighboring owners raised a <br /> variety of objections (again with little rational or legal foundation) sufficient to <br /> convince the Garfield County Planning Department staff that it could not endorse the <br /> permit application should the process move forward. In response to the County's <br /> position, IHC Scott withdrew its application to reassess its mining plan and overall <br /> application process. <br /> Finally, in 2022 IHC Scott developed its third mining plan, which included a wet mining <br /> methodology to directly address the concerns of neighboring landowners that continued <br /> to raise objections regarding the potential impact dewatering on IHC Scott's property <br /> might have on their properties. A revised DRMS 112 Permit application was submitted <br /> simultaneously with the revised Garfield County permit application. However, due to <br /> noticing requirements related to hearings for both the Planning Commission and the <br /> Board of County Commissioners (BOCC), as well as revisions required by the County <br /> Planning Department between the Planning Commission and BOCC hearings, a <br /> substantial amount of time has passed since the original DRMS application was <br /> submitted. <br /> DRMS Permit Application Submission <br /> After consultation and recommendation from DRMS staff, IHC Scott did not submit any <br /> updates or revisions to the 112 Permit application until after receiving conditional <br /> approval from the Garfield County BOCC. Due to the frequent and varied updates and <br /> changes required during the Garfield County permit application approval process, it <br /> was virtually impossible to repeatedly update the 112 Permit application to reflect each <br /> of the changes implemented; therefore, once the BOCC approved the Land Use Change <br /> Permit application, our efforts shifted to the DRMS 112 Permit application. The revised <br /> 112 Permit application was updated to reflect all changes required by Garfield County <br /> and submitted in early January 2023. This was DRMS' first opportunity to review the <br /> significant number of changes since the original application was submitted in 2022. An <br /> Adequacy Review Letter was provided to IHC Scott on March 22, 2023, and both IHC <br /> Scott and SGM (retained engineer consultants) have been working diligently to address <br /> each of the items identified in that letter. <br /> Request for Extension of Review Period <br /> Although IHC Scott anticipates having a response to the Adequacy Review Letter <br /> available no later than mid-April, the current deadline 365-day deadline (April 29, 2023) <br /> does not provide sufficient time to review that response, nor does it leave any <br /> additional time to wrap up any additional, minor items that might arise. Given the <br /> substantial work required to usher the Garfield County Land Use Change Permit <br />
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