REV89952 - Laserfiche WebLink

Home Browse Search

since the informal conference on June 21, 1990 and have never • requested NCEC to provide access to or a site visit to the Lacy load-out after June 21. The GCA did not submit any written comments to the Division or NCEC during the 20 day public comment period following the informal conference in regard to their concerns on this load-out. The GCA has not, to NCEC's knowledge, submitted any written comments of concern about this load-out to the Division up to the time of the issuance of the Division's proposed decision. if such comments or concerns have been expressed or communicated to the Division, these comments and concerns are evidence that GCA had such actual knowledge of the Lacy load-out and were not harmed by the allegedly inadequate public notice of April 5, 1990. 5. No other individual or organization, other than GCA, has raised this issue of or demonstrated any harm due to the public notice of April 5. II. Fixing of Arbitrarv, Illegal and Unjustified Requirements to Reclaim. Both stipulation 16 and 21 in the Division's proposed decision require NCEC to initiate and complete reclamation of the whole site within certain time periods following some action by • another governmental authority (Stipulation 16) or by NCEC reaching some physical capacity limit of an approved design of the refuse stockpile (Stipulation 21). Stipulation 16 (pages 2, 6 and 7) provides that in the event that New Castle Energy Corporation's (NCEC) land use permits are invalidated, NCEC shall complete reclamation of the site within six months of the date of invalidation unless... This stipulation language presumably reinforces Section 2. B. of the Garfield County Resolution No. 90-083 which states in part Any cessation of mining activity for a period of more than one year shall be considered an invalidation of all land use permits and any resumption of mining activity shall require a new special use permit application. The proposed decision on page 7 justifies stipulation 16 in the following manner: Based upon the condition placed on the application by the county, the applicant may lose the ability to conduct surface coal mining operations. In order to ensure • 3