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<br />-3- <br />Subsequent to the December, 1989 Board Meeting, the Division has identified <br />additional permit deficiencies that need to be resolved before a permit <br />renewal could be issued. One issue concerns the need for the permanent stream <br />channel and diversion and collection channels associated with the excess spoil <br />disposal area to meet 100-year, 24-hour storm event design criteria pursuant <br />to Rules 4.09.1(5) and 4.09.2(7). This concern was expressed by the Division <br />to James Hendricks in letters of March 13, April 10, April 11, and to David <br />Sturges in a letter dated May 25, 1990. <br />A final issue concerns the fact that the operator's coal lease will apparently <br />expire on June 13, 1990. Pueblo Coal Inc. will need to be able to demonstrate <br />right of entry pursuant to Rule 2.03.6(1) and Section 110(2)(j) of the Act <br />before a permit renewal could be issued. This issue was identified by the <br />Division for David Sturges in a letter of May 25, 1990, <br />In conclusion, and pursuant to Rule 2.08.5(a)(v), the Division finds that the <br />operator has not provided all revised and updated information necessary for <br />the issuance of a permit renewal, and therefore recommends that the renewal <br />application be denied. <br />7753E/scg <br />