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ENFORCE24363
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Last modified
8/24/2016 7:33:12 PM
Creation date
11/21/2007 10:41:46 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Name
ORDER UPHOLDING THE MODIFIED PROPOSED DECISION OF THE DMG TO APPROVE WITH ONE STIPULATION PR RN-02
Violation No.
TD1993020370005TV3
Media Type
D
Archive
No
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f. On January 25, 1994, the Division proposed to approve the application for permit renewal <br />for the Golden Eagle Mine. On the same day, the existing permit for the mine expired at <br />midnight. <br />g. On January 26, 1994, Basin Resources ceased mining activities at the Golden Eagle Mine. <br />The Division published its public noticeregarding-iLSproposed decision-to renew the permit, <br />requesting public comments to be submitted on or before February 25, 1994. The Board held <br />a formal hearing, and granted temporary relief to Basin pursuant to Section 2.07.4(3)(d) of <br />the Board's regulations, allowing mining activities to resume and continue until a final <br />decision regarding the permit renewal occurred. <br />h. On February 22, 1994, the Division received comments from Raton West regarding the <br />Division's proposed decision to renew the Golden Eagle permit. On February 25, 1994, <br />Raton West submitted a request for a formal public hearing regarding the Division's proposed <br />decision to approve the application for permit renewal. <br />i. On March 24, 1994, the Board voted to continue to the April 1994 Board Meeting the formal <br />hearing regarding the permit renewal. The Board modified its temporary relief order to allow <br />mining at the mine to continue until a decision regarding the renewal became final. <br />j. On April 5, 1994, the Division received from Raton West additional comments regarding the <br />Division's proposed decision to renew the Golden Eagle Mine permit. <br />k. On April 12, 1994, the Division provided responses to Raton West's letters of February 22 <br />and 25. 1994. <br />1. On Apri120, 1994, the Division met with representatives of Basin Resources and Raton West <br />to address the items raised in Raton West's letters of February 22, 1994, February 25, 1994 <br />and April 5, 1994. <br />m. On April 28, 1994, the Board continued the formal hearing regarding the Division's proposed <br />decision to renew the Golden Eagle permit to the May 1994 Board Meeting. <br />n. Of the thirteen items raised by Raton West during the comment period following the <br />Division's proposed decision, all were addressed by the Division prior to the April 1994 <br />Board Meeting and discussed with Raton West through either correspondence or meetings. <br />Of these thirteen items, the Division agreed with seven of them, asking Basin Resources to <br />revise its permit application accordingly, which it did. The Division disagreed with the <br />remaining six items, believing that the issues raised by those six items required either <br />determinations from the Division, or information or commitments from Basin, that the <br />Division believed wuld not legally be addressed or were already satisfactorily addressed to <br />the level required by the law and the regulations. <br />These thirteen items, and their respective resolutions as of the May 1994 Board Meeting, <br />were summarized by the Division in a document dated April 27, 1994, and presented to the <br />Board at the May 1994 meeting. These issues were: <br />(i) Raton West believed Basin's permit should be considered a new permit rather than a <br />renewed permit. The Division disagreed, believing this action to be a valid permit <br />renewal. <br />2 <br />
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