_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

110(7) (2) In the e e of limited impact permit , m4 or hold a hearinq to
consider the permit and approve or deny the same within 30 days : and
11l (6) (3) In the case of a special permit , meet to consider the permit and
approve or deny the same within 10 workinq days .
1 .53 Upon written request of the operator or Division staff, within 30 days
after the filing of an application for a regular permit , the staff and
operator may hold a pre-hearina conference on or before 45 calendar
days after date of filinq.
(1) The staff shall furnish the applicant with a minimum four-day notice
of the date of the pre-hearing and the time and place .
(2) Upon completion of the pre-hearing conference , the staff shall
prepare a list of all deficiencies in the application, furnish a
copy. to the operator, and place a copy in the operator' s applica-
tion available for public review at the staff office within 15
calendar days.
(3) The operator may submit additional information for any application
providing that such additional information is filed prior to granting
or denying permit or holding of a hearing , with the Board at 1313
Sherman Street , Denver, Colorado, and the Clerk and Recorder of the
county in which the proposed operation is located.
1 .54 Permit applications may, with due regard for confidentiality , be circu-
lated for review and comment , in the discretion of the Board , to other
state governmental agencies with significant expertise in the technical
areas presented and/or statutory interest in the operation or its
potential impacts.
115(4) 1 .55 A permit shall be granted if it compiles with all requirements of:
( 1) The Colorado Mined Land Reclamation Act of 1976 and these Rules, and
(2) All applicable local , state , and federal laws and reaulations.
115(4) 1 .56 A permit shall not be denied except for one or more of the following
reasons :
115(4) (a) ( 1) The application is incomplete in form, or inadequate in content :
(2) The required surety has not been posted (in compliance with Rule 7) :
115(4) (b) (3) The required fee has not been Paid :
115(4) (c) (4) Any part of the proposed mining operation , the reclamation program,
or the proposed future use is contrary to the laws or requlations
of this state or the United States :
115(4) (d) (5) The mining operation will adversely affect the stability of any
significant , valuable, and permanent man-made structures located
within two hundred feet of the affected land, except where there is
an agreement between the operator and the persons having an interest
in the structure , that damage to the structure is to be compensated
for by the operator;
115(4) (e) (6) The minina operation would be in violation of any city , town, county,
or city and county zoning or subdivision regulations or contrary to
any master Plan for extraction adopted pursuant to Section 34-1 -304:
115(4) (f) (7) The mining operation is located upon lands :
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