_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

mit the staff* harass an applicant. The defotion was thus amended
to clarify to the operator that he always has the opportunity to disagree
with the staff's evaluation of his application and may appeal directly to
the Board for a determination.
1 . 11 Signature of Documents
BASIS b PURPOSE
This new rule was added to resolve a serious problem which had developed
for the staff, the public, and operators. In many instances, an operator
will need his permit very quickly. In the event the Chairman or Secretary
were unavailable, he could have to wait for the permit to be signed. Other
occassions have arisen when documents need to be quickly signed. This Rule
will clarify which Board members can sign all necessary documents and should
result in expediated processing for the operators.
1 .53 Permit Granting and Denial
BASIS 6 PURPOSE
After adoption by the Board on April 19, 1977, staff made minor grammatical
changes for purposes of clarification. The Board readopted the Rule with
then minor changes in June, 1977. Since the Rules were not filed with the
legislature within twenty 1,20) days of the issuance of the Attorney General 's
opinion, the Board readopted the Rule.
1 .56
BASIS b PURPOSE
Two sections were deleted because they were covered by the remaining five
(5) sections and are also covered by the Act. The elimination of these
sections eliminated duplication.
RULE 2: Permits for Regular Operations of the Rules of the Mined Land Reclamation
Board is hereby amended and readopted as follows:
2. 11 Contents of Application
(18) Unpermitted Mining Operations
BASIS b PURPOSE
The Board repealed and reenacted this rule. The basis for the rule is the
requirement of CRS 1973, 34-32-120, as amended, that the Board not permit
new applications for operators with any unpermitted operations within the
State. The previous version included. a reference to the 1969 Act. This
reference was deleted because permits were not issued under the 1969 Act .
The language of this regulation was also reworded to more closely conform
to the language of CRS 1973, 34-32-120, as amended. The Board had many
discussions on this requirement. Due to inadequate funding of the staff of
the Board and its predecessor, the Board does not currently have records
which adequately reflect the scope of mining activities within the State. w
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