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_ENFORCEMENT - M1978352 (13)
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_ENFORCEMENT - M1978352 (13)
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Last modified
8/11/2022 2:33:33 PM
Creation date
11/21/2007 10:41:29 AM
Metadata
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Template:
DRMS Permit Index
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
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DRMS Re-OCR
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Signifies Re-OCR Process Performed
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3. 11 Contents of Application <br /> (4) <br /> l5) <br /> BASIS 6 PURPOSE <br /> RULE 3. 1 ] (4) - The Board found that this was not specifically a part of <br /> an initial application submittal , but was necessary prior to Board per- <br /> mit application evaluation and approval . The Board rephrased and trans- <br /> ferred this information requirement to a new location in the Regulations. <br /> (See RULE 9. ) <br /> RULE 3. 11 (5) - The Board found that this was not specifically a part of <br /> an initial application submittal , but was necessary prior to Board per- <br /> mit application evaluation and approval . The Board rephrased and trans- <br /> ferred this information requirement to a new location in the regulations. <br /> (See RULE 9•) <br /> ( 10) <br /> BASIS 6 PURPOSE <br /> The Board reconsidered the language and determined that it was confusing <br /> to the operator and could require him to submit information which would <br /> not be necessary for the Board to reach a decision on the application. The <br /> Board then determined that site specific vegetation and soils information <br /> may not be needed where vegetation is not part of the reclamation plan. <br /> The regulation was reworded to clarify this decision. <br /> 3.2 Notice Procedures <br /> BASIS b PURPOSE <br /> This Rule was amended to make this regulation consistent with Rules 2.23 <br /> and 4.23. <br /> 3.3 Objections <br /> (7) <br /> BASIS 6 PURPOSE <br /> The original Rule established the time for the filing of such objections <br /> to be forty-eight (48) hours before the Board meeting. The Rule proved <br /> unworkable in cases of continuances and compliance-plan operations because <br /> the public did not know when the application would be considered. On at <br /> least one occassion a protest was received several weeks after Board con- <br /> sideration of the application. The Board considered and rejected two other <br /> alternatives. To establish a definite number of days could result in addi - <br /> tional Board meetings to enable the Board to act within the 30-day statutory <br /> deadline. If the Rule was not amended, it could also result in situations <br /> - 52 - <br />
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