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PERMFILE52361
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PERMFILE52361
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Entry Properties
Last modified
8/24/2016 10:56:10 PM
Creation date
11/20/2007 3:18:32 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
5/8/2007
Doc Name
Opening Brief
From
Court of Appeals
To
DRMS
Media Type
D
Archive
No
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(d) The proposed mining operation, the <br />reclamation program, or the proposed future use is <br />contrary to the laws or regulations of this state or the <br />United States, including but not limited to all federal, <br />state, and local permits, licenses, and approvals, as <br />applicable to the specific operation. <br />C.R.S. § 34-32.5-115(4) (emphasis added). <br />Consistent with the statutory provision set forth above, C.M.R. 1.4.1(5)(d) <br />requires that the Applicant affirmatively state in its application that it "has applied <br />for all necessary approvals from local government." (Emphasis added.) This <br />provision appears under the general provisions of the Rules and is made expressly <br />applicable to Section 112 Reclamation Permits by C.M.R. 1.4.5, which states: "All <br />general requirements outlined in Subsection 1.4.1 shall be required fora 112 <br />Reclamation Permit Application." C.M.R. 1.4.5(1). <br />Similarly, C.M.R. 6.4.13, sets forth the content an applicant must provide as <br />part of the required Exhibit M to a permit application and requires that the <br />Applicant identify whether a number of permits will be required for everything <br />from effluent discharge permits to historic preservation clearance, including the <br />"county zoning and land use permits" it "holds or will be seeking in order to <br />conduct the proposed mining and reclamation operations." C.M.R. 6.4.13. <br />In this case, because the proposed mine is located in unincorporated Gilpin <br />County, the Applicant is subject to land use regulations promulgated by Gilpin <br />16 <br />
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