_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

letter , unless the applicant requests a later date within 15
days of the date of the letter. The date of the letter shall
constitute the filing date and will initiate the running of the
time periods specified in Sections 1 .52 , 2 .22 , 3.22 and 4.22.
Provided, however, that if the Division fails to notify the
applicant, by mailing a letter:
a) within (10) days for a Limited Impact permit application;
b) within ( 3) days for a Special 10-day permit application;
c) within ( 10) days for a Regular permit application,
of the reasons the application is deemed incomplete , the appli-
cation shall be treated as "filed", "submitted", or "received"
as of that date (i .e. , ten days , or in the case of special
permits , three days after the date the application was presented
to the Division. ) for purposes of calculating the time periods
specified in the law, but for no other purposes. It is intended
that operators may obtain local government approval concurrent
with the Division' s processine of the application. To do so,
the operator must submit evidence which indicates that local
government approval is currently pending or will at least be
considered within a reasonably short time, by the appropriate
governing body. If, however, actual proof of local government
approval has not been received by the Division prior to the date
for Board consideration , then the Board can either extend the
time periods at the operator' s request , or deny the application
on grounds of incompleteness as per Section 1 .56(3) in these
Rules G Regulations. Operators do have the right to petition
the board in the event of a disagreement with the staff concerning
when their application is complete , or any other procedural re-
quirement of the act and these rules and regulations .
( I1) "Hearings", as the term is used in these repulations , means a hearing held
under the provision of C .R.S . 1973 , 24-4-105• Topics to be considered at
such hearings include, but are not limited to:
(a) approval or denial upon hearing objections to and support
of the application ;
(b) forfeiture of surety ;
(c) operating without a permit or filing of a !lotice of Intent ;
(d) violation of an order, permit , Motice of Intent , the Act or
regulations :
(e) suspension , revocation or modification of a permit.
(12) "Immediately adjacent land" means those properties touching the affected
land, the surface rights of which are owned by persons other than the operator .
103(6) (13) "Life of the mine" means that a permit granted pursuant to pules 2 and 3
may continue in effect as long as no cessation or termination results Pur-
suant to the Act and Section 1 .6.
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