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''-, <br />Ms. Micki Hackenberger <br />August 25, 1994 <br />Page 3 <br />If a site investigation is needed, the Office contacts <br />the applicant and directs the applicant to contact SHPO <br />to work out a mitigation/investigation solution. <br />Applicant sends Office a copy of the SHPO letter stating <br />that the site is clear or mitigated. <br />If all other adequacy issues are resolved, the <br />application is approved. <br />Permit is issued once the warranties are in order and <br />posted with the Office. <br />The problem with this process is that SHPO does not have to respond <br />for 30 days. For Special Operation Permits and Limited Impact <br />Permits the Office would run out of time and we would be forced to <br />deny the application since the Office may only approve an <br />application where there is a finding that the proposed operation <br />will not ^...be contrary to..." state or federal law. The "permit <br />condition" we incorporate into permits allows us to comply with the <br />Act and issue permits. <br />We continue to try to develop a method that will allow the operator <br />to get our permit process over with and the permit in place while <br />the operator resolves issues with other state agencies: :. We have <br />always tried to NOT expand our responsibilities or, do other <br />agencies work. <br />We try to ensure that other agencies that have authorities over <br />certain activities at mine sites are contacted and given an <br />opportunity to comment. This process is an attempt to make sure <br />operators are not caught in jurisdictional debates, but in no way <br />should it be interpreted that we enforce other agencies statutes or <br />regulations. <br />If you have any questions or need additional clarification, please <br />feel free to contact Bruce Humphries or me. <br />Michael B.~Lon~ <br />MBL/HBH/gaw <br />cc: H. B. Humphries <br />A:15f~fY2.CG7 <br />