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.. <br /> <br /> <br />Ms. Micki Hackenberger , <br />August 25, 1994 ' <br />Page 2 <br />Your letter made reference to the effective date of the permit <br />being delayed until a SHPO clearance is obtained. The Office has <br />always taken the effective date of permit as the date the Director <br />signs the permit document. However, some activities at a mine site <br />may be limited until SHPO clearance, State fingineer Office for <br />exposure of tributary ground water, Colorado Pollution Discharge <br />Elimination System permit, or a Certificate of Designation for the <br />disposal of solid waste at a mine site is or are obtained. <br />In some cases we alert the applicant that an approval may be needed <br />before an activity is begun. Army Corp. of Engineers approval for <br />the removal and/or discharge of material into a wet land is an <br />example. <br />TYieae conditions are required for two reasons. First, C.R.S. 34-32 <br />115 (4), and (4)(c)(I) state, "...The board or division shall not <br />deny a permit if the operator demonstrates compliance with the <br />following:" and; "No part of the proposed mining operation, <br />reclamation program, or the proposed future use is or may be <br />contrary to the laws or regulations of this state or the United <br />State, including but not limited to all federal, state, and local <br />permits, licenses, and approvals, as applicable to the specific <br />operation." <br />Second, C.R.S. 24-80.1-104(2), "...in all cases prior to an agency <br />decision concerning an action that may have an.effect on properties <br />listed in the state register, the agency initiating the action <br />shall identify such properties located within the area of the <br />proposed action, notify the society of the proposed action, <br />requesting a determination of effect on such properties, and afford <br />the society a period of thirty dam (emphasis added) in which to <br />review the proposed action.^ <br />Simply stated, ^permit conditions" requiring other agency letters <br />of approval allow the Office to issue a permit and not be in <br />violation of C.R.S. 34-32-115(4), and (4)(c)(I) and still meet our <br />statutory application decision deadlines. <br />The process would be as follows, if we followed the procedure as <br />specifically laid out in C.R.S. 24-80.1: <br />Application received. <br />Notice sent to SHPO. <br />SHPO Responds by the 30th day and says that site is clear <br />or that a site investigation is needed. <br />