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Revised: 07/30/97 • Minutes -July 23, 1997 • Page 18 <br /> timing would be regarding TR versus amendment. Mr. Humphries responded that a TR for a 112 <br /> Application is a 30 day process with an approval or denial coming before the Board. An <br /> amendment, it is the same as a Permit application which is a 90 day process assuming that there are <br /> no adequacy issues of concern and if there is an objection there is a 120 day process which could <br /> continue up to a year, depending upon what issues come up and how they are addressed. On this <br /> TR, the operator waived their right to decision within 30 days because they were waiting for some <br /> information on some studies. <br /> Mr. Brown asked that the Permit file become part of the record. Ms. Harrison responded that this is <br /> a controversial issue and the Board does not have all the information. She emphasized that the <br /> Board is a public body and that public input is what it is all about. Ms. Green reminded Ms. <br /> Harrison that Staff gave testimony that even if a TR is approved, there is an opportunity for people <br /> to object to the approval, at which point a Hearing is triggered. Ms. Green went on to state that the <br /> Board has jurisdiction to determine whether the changes in the berm compile with the Mined Land <br /> Reclamation Act, but they don't have jurisdiction whether or not the berm affects flood plains. Ms. <br /> Andrews asked for permission to speak and stated that she didn't mean to give the impression that <br /> the County was forum shopping, but wanted to say that the County does feel that the Board has <br /> jurisdiction over the berm as a reclamation feature. The County also looked at the language in the <br /> organic statute where it ensures that the proposed reclamation plans minimizes adverse impacts on <br /> the hydrological balance,but that is something that does influence the flood control impact. <br /> Mr. Cattany asked Western Mobile how they would stand to gain or loose if the increment is not <br /> added to the berm. Mr. Schwarz stated that it doesn't make a difference to them one way or <br /> another, they submitted the TR by request of the landowner who needs to add the material so that <br /> they can obtain the FEMA Certification that they need. Mr. Humphries noted that what the Board <br /> needed to look at is would the modifications negatively impact someone else. Mr. Long asked Ms. <br /> Harrison where FEMA stands on this issue and if they had any letters of documentation. Ms. <br /> Harrison responded that issue is still cloudy. Mr. Cattany asked Mr. Brown what the time frame <br /> would be, in the AG Office's opinion, whether or not a recommendation from FEMA for the <br /> location, the quality and the quantity for the berm, if they stipulated it would override any decision <br /> made by the Board. Mr. Brown responded that it's a lengthy review process and an informal <br /> opinion may be available by the next Board meeting. <br />