PERMFILE61522 - Laserfiche WebLink

Home Browse Search

Yaffe L iI. ICyou submit objection during the public comme~period, you will be considered a party to the matter unless you request in writing to be withdrawn from party status. Pursuant to Rules 1.7.1, 1.7.4, and 1.4.6 of the Hard Rock Rules or Construction Materials Rules, if you submit a written objection during the public comment period, the Division will consider you to be a party to the matter. The application w•ifl be scheduled for a hearing before the Boazd, and the Division will hold an Informal Conference to consider the issues. If you decide to withdraw from party status, you must do so in writine. It is impottant to note that if you withdraw from party status, your concems about the permit application will not be considered during the application review process. Instead, you may present your concerns to the Board at the final hearing as an interested member of the public. III. The Board cannot consider your issues or concerns at the Final Hearing if those Y concerns are not within the Board's jurisdiction. The Board's jurisdiction is limited to issues arising from the approval of reclamation permit applications. The only matters the Board may consider under the Colorado Mined Land Reclamation Act, C.R.S. §§ 34-32-101 et sec , or the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. §§ 34-32.5-101 et seq., are those that pertain to whether the permit application and reclamation plan meet the requirements of those acts. The Board cannot carryout the laws enforced by other federal; state; or local entities. - In many instances, parties to permit application hearings find that they have raised questions about the permit application or reclamation plan that are not within the jurisdiction of the Board, and therefore that they have requested oversight of the process from an agency that cannot provide that oversight. Some examples of common concerns that typically do not fall within the Board's authority are increased traffic, dust, noise, property values, aesthetics/views, etc. Most of those concems are properly raised with the County Commissioners or Land Use Authorities in the locality of the proposed operation. It is important to note that the Pre-hearing Conference is the first point at which a determination will be made as to whether your concems can be heard. The Pre-hearing Conference is usually held about ten days before the Final Hearing, and so comes late in the process. Therefore, it is possible that you may expend significant time and energy making your case to present to the Board at the Final Hearing, only to find that your issues are not within the Board's jurisdiction. In order to avoid the burden of that occurring, you should familiarize yourself with the applicable statutes and regulations that apply to the type of permit to which you are objecting. IV. If you do not submit a written statement to become a party during the public comment period or the Informal Conference phase, you may only be admitted during the Pre-hearing Conference phase or at the Final Hearing at the discretion of the Board or the Pre-hearing Conference Officer designated by the Board.