_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

114 3. 3 Objections
3. 31 Any person has the right to file, regardinq any application :
(1 ) Statements in support of, and
(2) Written objections, protests , or petitions for hearina.
3. 32 To be considered, such filing must be received at the office
of the Hired Land Reclamation Division within five (5) days
after the last date of publication or prior to forty-eight
(48) hours of the first scheduled date of the Board consideration
of the application , whichever comes first.
114 3.33 4lritten objections , protests and petitions shall state as con-
cisely as possible, the grounds on which they are based.
3.34 A written filinq 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.
3. 35 The Board shall , to accommodate the thirty (30) day time period:
(1 ) Upon receipt of timely written objections to the applica-
tion, immediately give notice to the operator, and a copy
thereof as soon thereafter as possible.
(2) Notify the operator, persons filing objections , and persons
filing supporting statements of the date that it will con-
sider whether the protests show qood cause. (This could
be the day set for consideration of the application.)
® (3) If it finds good cause, determine when it can hold a hearing
on the issues raised by the protest(s) .
(4) Upon a determination to grant a hearing at a date, time or
place different from that desionated for consideration
of the application, give notice of such to:
a. The operator , and
b. Any person filing objections , petitions for hearing
or statements in support , and
c. The public , by posting as prescrihed in Section 1 .26(I) (c) ,
and by publication once prior to such hearing in a
newspaper of general circulation in the locality of
the proposed mining operation.
3. 36 A hearing on such protests shall be held in conformance with
the requirements of Section 8.24. At such hearing, the Board
will consider all relevant evidence.
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