_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

4.2 Notice Procoes •
4.21 The Board shall , upon filing, give notice by the most
expeditious method , of the date , time and place set
for consideration of the application to:
( 1 ) The operator,
(2) The county(s) in which the proposed mining operation is
to be located ,
(3) Any municipality within 2 miles of the proposed
mining operation , and
(4) The public, by newspaper release, and posting as
prescribed in Section 1 .260) (c) .
4.3 Objections
114 4. 31 Any person has the right to file, regarding any application :
(1 ) Statements in support of, and
(2) Written objections , protests , or petitions for hearing.
4.32 To be considered, such filing must be received at the offices
of the Mined Land Reclamation Division no later than 4:00 PM
of the working day prior to the date the Board will consider
the application.
114 4.33 Written objections , protests and petitions shall state, as
concisely as possible, the grounds on which they are based.
e4.34 The Board shall , to accommodate the ten (10) working day
time period :
(1 ) Upon receipt of timely written objections to the applica-
tion, give notice and a copy thereof to the operator
as soon thereafter as possible.
(2) If possible, notify the operator, persons filing objec-
tions , and persons filing supporting statements of the
date that it will consider whether the protests show good
cause. (This could be the day set for consideration of
the application. )
(3) If the Board finds good cause, it shall 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 designated 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 prescribed in Section 1 .260 ) (c) ,
and , if possible, by publication once prior to such
hearing in a newspaper of general circulation in the
locality of the proposed mining operation.
4.35 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.
- 31 -