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i ii ii ii uii ni u ii il <br /> 999 <br />Duane Woodard <br />Attorney General <br />Charles B. Howe <br />Chief Deputy Attorney General <br />Richard H. Forman <br />Solicitor General <br />A~pF CO O.P <br />/~~(~m9Q <br />i+~tl ~~b,~~p O <br />• ~.¢ *• <br />Jg q6 <br />~12r ~t~tr of (~ltlnrttl~n <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />May 3, 1989 <br />STATE SERVICES BUILDING <br />1525 Sherman Street <br />Denver, Colorado 80203 <br />Phone 8663611 & 866-3621 <br />°~ 1 r <br />LL 7 I. - J r <br />L zI ~ <br />M E M O R A N D U M <br />GIAY ~ 1989 <br />~ r~~i. i ~. r% n <br />u, p:~:C7,1r <br />TO: Mike Long <br />Coal Supervisor <br />FROM: Frank Johnson%~~ <br />Assistant Att rri@y General <br />Naturl Resour~s Section <br />RE: TBM; amendment of Board order <br />This is in response to your request for a discussion of whether <br />the Board can change TBM's reclamation plan by amending its order <br />of December 18, 1985. <br />Although the Board is being asked to amend its earlier order in <br />this case, it is also being asked to alter the reclamation plan. <br />Normally, an amendment to the reclamation plan is treated as a <br />permit revision and is subject to notice and hearing require- <br />ments. Section 34-33-115(1)(b), C.R.S. The procedures for a <br />Board hearing to revise a permit are set out in § 34-33-119(5), <br />C.R.S. (1989) and Rule 2.07.4(3)(b). These provisions require <br />the Board to publish notice in the newspaper. Since this is an <br />alteration of a reclamation plan pursuant to a Board action, it <br />would seem appropriate to follow the S 34-33-119(5) procedure <br />even though the hearing is not being held at the request of an <br />"interested person." <br />As always, the proposed change should be evaluated for compliance <br />with all applicable criteria and performance standards. <br />You also inquired as to the Division's exposure for damages that <br />could arise from a post-reclamation landslide on site. The gen- <br />