_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

RULE 2. 12(14) - The Board found that this was not specifically a part
of an initial application submittal , but was necessary prior to Board
permit application evaluation and approval . The Board rephrased and trans-
ferred this information requirement to a new location in the regulations.
® (See RULE 9.)
RULE 2.2105) - The Board found that his was not specifically a part of an
initial application submittal , but was necessary prior to Board permit
application evaluation and approval . The Board rephrased and transferred
this information requirement to a new location in the regulations. (See
RULE 9.)
2.3 Objections
2.38
BASIS & PURPOSE
The Board adopted this regulation on April 19 , 1977• It reconsidered
this regulation in June, 1977, and at the request of a representative
from industry removed a sentence which stated that an operation could
request a continuance of the hearing on his application , if at the time his
application was presented to the Board, he was surprised by information
presented. The industry representative stated to the Board that an operator
always had a right to request a continuance; however, placing the state-
ment in the regulation might cause persons to withhold protests until the
meeting and, thus , force the operator to waive his right to obtain a permit
with the statutory time limitations. The Board agreed that the provisions
© might be misused, and they deleted the sentence in June , 1977• Because
the Rules were not filed with the legislature within twenty (20) days of
the issuance of the Attorney General 's opinion , the Board readopted the
Rule.
RULE 3: Permits for Limited Impact Operations of the Rule of the Mined Land
Reclamation Board is hereby amended and readopted as follows:
3. 1
BASIS & PURPOSE
This Rule was originally adopted by the Board in April of 1977• After the
Board's adoption , the staff made minor grammatical changes for purposes of
clarification. The Board readopted the Rule in June, 1977. Because the
Rule was not filed with the legislature within twenty (20) days after the
issuance of the Attorney General ' s opinion, the Board reconsidered the Rule.
During such reconsideration , the Rule was an-ended to clarify the acreage
limitation is a life-of-the-mine, not an annual one. This amendment was
suggested by members of industry for purposes of calrification. The Rule
was then readopted, as amended.
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