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ENFORCE20468
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ENFORCE20468
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Last modified
8/24/2016 7:31:01 PM
Creation date
11/21/2007 9:47:38 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2006009
IBM Index Class Name
Enforcement
Doc Date
4/12/2007
Doc Name
Finding of Fact, Conclusion of Law & Order
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MLRBs AGO
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DRMS
Media Type
D
Archive
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additional acreage under Construction Materials Rule 1.1(6) and 1.10. The Division <br />testified that there is a significant difference in application fees between a technical <br />revision and an amendment. hi addition, an amendment requires an applicant to comply <br />with public notice procedures whereas no additional public notice is required for a <br />technical revision. The Division noted that there were other landowners within 200 feet of <br />the approved permit boundaries and within 200 feet of the proposed 5.60-acre addition to <br />the permit boundaries. These landowners would be subject to the notice requirements for <br />an amendment, but not for a technical revision. <br />The Operator argued that because the proposed additional acreage, 5.60 acres, was exactly <br />the same as the proposed reduced acreage, 5.60 acres, there was no net increase in the <br />acreage of affected land. Therefore, the proposed transfer did not qualify for an <br />amendment but for a technical revision because it had no more than a minor effect upon <br />the approved reclamation plan. <br />8. On balance, the evidence suggests that a permit amendment is required. The evidence <br />presented showed that neazby landowners who would normally be entitled to notice <br />through the amendment process would not receive such notice through the technical <br />revision process. <br />Mesa Sandstone Appeal <br />M-2006-009 <br />
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