_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

1120 0) (c) (5) Prior to Board consideration of the application, submit
proof of publication and proof of mailing of all required
notices by certified mail with return receipt requested
where possible.
115(1) 2.23 Upon filing a completed application and receipt of all fees
due , written notice of the date , time and place set for con-
sideration of the application shall be made by the Board (not
more than 90 days after filinq) , to the following parties :
(1 ) The operator, by mail ,
109(8) (2) Any county in which the proposed mining operation is to be
located , by mail , and
(3) Any municipality within two miles of the proposed mining
operation , by mail .
2. 3 Objections
114 2. 31 Any person has the right to file , regardina any application :
(1 ) Statements in support of, and
\+(2) Written objections , protests , or petitions for hearinq.
2.32 To be considered , such filing must be received at the offices
Iof the Mined Land Reclamation Division no later than 5 :00 PM
on the 20th day (or the next working day) , after the last date
of publication required by Section 2.22(2) .
114 2.33 Written objections , protests and petitions shall state , as
concisely as possible, the grounds on which they are based. '
2.34 Whenever the Board receives written objections , protests , or
petitions for hearing regarding an application, the Board shall ,
within ten ( 10) days after receipt of such, give notice and a
copy thereof to the operator.
2. 35 A written filing which objects to the granting of a permit
shall not be considered by the Board as a petition for hearing
unless such intent is expressly stated.
2.36 After the receipt of written objections to, protests against ,
or a petition for a hearing on the question of whether or not
a permit should be granted /hereinafter referred to as protests/,
the Board shall notify the applicant and all persons filing
protests and supporting statements of the date it will consider
\the protests. At the meeting , if the Board finds Good cause,
it shall set a date for a public hearing on the issues raised
by the protest.
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