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PERMFILE57303
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PERMFILE57303
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Entry Properties
Last modified
8/24/2016 10:59:40 PM
Creation date
11/20/2007 5:23:40 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1988112
IBM Index Class Name
Permit File
Doc Date
3/22/1989
Doc Name
MINUTES
Media Type
D
Archive
No
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-111- <br /> <br />perform at least some of the preparatory tasks, then the people of San Luis <br />are going to be impacted upon that -- by that. And its not only a risk that <br />ffie Company faces. <br />As far as the use of the water, that's totally irrelevant. I don't see <br />how that pertains to the legal issues involved here at all. I think not only <br />are the regulations -- I think that the scheme of the regulations are <br />supported. by the Statute, by the language of the Act itself, not just your own <br />rules and regulations, because the Act also talks in Section 34.32.116-G, I <br />think it is. <br />MR. HOLDER: Thou shalt minimize the disturbance to the hydrologic <br />balance. <br />MR. N. COHEN: That disturbances to the prevailing hydrologic balance of <br />the effected land and of the surrounding area and to the quality and quantity <br />of the water in the surface and ground water systems both during and after the <br />• mining operation and during the reclamation shall be minimized, I don't think <br />you can make that determination, until they have the water rights and you know <br />what their plan is. The Act -- talk about what the Colorado Legislature is <br />involved with, that's their language. Your rules are equally clear. <br />MR. BARRY: Have we got a basis and purpose statement for that rule, <br />Frank, at hand? <br />MR. F. JOHNSON:: Well, not at hand. Let me just address this real <br />briefly. I think I think that Mr. Cohen is right that the Board nas to follow <br />its own rules and procedures. I do wonder whether or not this Section is <br />unambiguous. I think that this Section, that Exhibit G, and then the -- what <br />follows places a burden on the operator. It sets out what the operator has to <br />do in order to have a complete application. And I think, under Section 115 of <br />the Act, the Board has the discretion to deny an application basedd on an <br />incomplete application. It a grounds for denying the application, I don't <br />. think that the Board is mandated to deny an application based on an incomplete <br />
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