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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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(B) Basin's unwillingness to enter into agreements with Raton West regarding re- <br />location of exploration drill sites; and <br />(C) Basin's unwillingness to enter into an agreement proposed by Raton West that <br />would establish athree-way information exchange system between Raton West, <br />Basin and Las Animas County; ___ _ __ <br />(vi) To address the concerns of Raton West satisfactorily, the Board should adopt Exhibit <br />No. 49A, addressing the three-way agreement, bonding, and other issues, as a stipula- <br />tion to the Golden Eagle Mine permit; and <br />(vii) If the Board approved the renewal of the Golden Eagle Mine permit without this stipu- <br />lation, the Board might be approving a permit renewal for an operation that was poten- <br />tially out of compliance with an applicable State Statute at the time of renewal. <br />c. With regard to the second issue, Raton West stated that: <br />(i) Raton West was concerned that if the Golden Eagle Mine permit was renewed, rather <br />than issued as a new permit, then Basin would be able to take the legal position that <br />Basin would not be responsible for compensating owners of structures built after <br />August 3, 1977 that had been damaged by subsidence from mining operations that had <br />occurred, or were proposed to occur, since that date; and <br />(ii) Raton West believed that the Board could address this concern by deciding that since <br />Basin had not submitted its application for renewal by the required 180 days prior to <br />the expiration of the permit, Basin was mot entitled to a renewal of its permit, and <br />Basin would thus have to operate under a new permit. <br />d. With regard to the third issue, Raton West stated that: <br />(i) Raton West was concerned that if the permit renewal were approved, the existing <br />language in the Division's Proposed Decision document regarding the Division's <br />review of Basin's determination of probable hydrologic consequences could be used <br />in the future by Basin to foreclose Raton West from notifying the Division that water <br />resources developed in the future were being impacted by mining; and <br />(ri) Raton West believed that the Board could address this concern by revising the Lrnguage <br />in the Division's Proposed Decision to change from: <br />The Division's review of the probable hydrologic consequences of the proposed <br />mining operations has determined that impacts to the overall hydrologic regime <br />and associated natural resources are not anticipated. <br />to: <br />The Division's review of the probable hydrologic consequences of the proposed <br />mining operations has determined that impacts to the overall hydrologic regime <br />and associated natural resources will be determined as a result of the ongoing <br />monitoring plans. <br /> 6 <br /> ,,,, ~ <br />;~ <br /> <br />
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