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REV93702
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REV93702
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Entry Properties
Last modified
8/25/2016 3:15:02 AM
Creation date
11/21/2007 11:34:03 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1993050
IBM Index Class Name
Revision
Doc Date
6/3/1999
Doc Name
DELLACROCE PIT PN M-93-050 PERMIT AMENDMENT APPLICATION
From
DMG
To
WHOM IT MAY CONCERN
Type & Sequence
AM1
Media Type
D
Archive
No
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<br />Pace <br />II. [f you submit an objection during the public comment period, you will be <br />considered a party to the matter unless you request in writing to be withdrawn from <br />party status. <br />Pursuant to Rules 1.7.1, 1.7.4, and 1.4.6 of the Hard Rock Rules or Construction <br />Materials Rules, if you submit z written objection during the public comment period, the <br />Division will consider you to be a party to the matter. The apolicauen will be scheduled for a <br />hearing before the Board, and the Division will hold an Informzl Conference to consider the <br />issues. If you decide to withdraw from pam status, you must do so in writing. <br />It is important to note that if you withdraw from parry status, your concerns about the <br />permit application will not be considered durine the application review process. Instead, you <br />mzy present your concerns to the Board at the final hearing zs an interested member of the <br />public. <br />III. The Board cannot consider your issues or concerns at the Final Hearing if those <br />concerns are not within the Board's jurisdiction. <br />The Board's jurisdiction is limited to issues azising from the approval of reclamation <br />permit applications. The only matters the Board may consider under the Colorado Mined <br />Land Reclamation Act, C.R.S. §§ 34-32-101 et sea., or the Colorado Land Reclamation Act <br />for the Extraction of Construction Materials, C.R.S. §§ 34-32.5-101 et sea;, are those that <br />pertain to whether the permit application and reclamation plan meet the requirements of those <br />acts. The Board cannot carry out the laws enforced by other federal, state, or local entities. <br />In many instances, parties to permit application hearings find that they have raised <br />questions about the permit application or reclamation plan that are not within thejurisdiction <br />of the Board, and therefore that they have requested oversight of the process from an agency <br />that cannot provide that oversight. Some examples of common concems that typically do not <br />fall within the Board's authority are increased traffic, dust, noise, property values, <br />aesthetics/views, etc. Most of those concerns aze properly raised with the County <br />Commissioners or Land Use Authorities in the locality of the proposed operation. <br />It is important to note that the Pre-hearing Conference is the first point at which a <br />determination will be made as to whether your concems can be heard. The Pre-hearing <br />Conference is usually held about ten days before the Final Hearing, and so comes late in the <br />process. Therefore, it is possible that you may expend significant time and energy making <br />your case to present to the Board at the Final Hearing, only to find that your issues are not <br />within the Board's jurisdiction. In order to avoid the burden of that occurring, you should <br />familiarize yourself with the applicable statutes and regulations that apply to the type of permit <br />to which you are objectin_. <br />IV. If you do not submit a written statement to become a party during the public <br />comment period or the Informal Conference phase, you may only be admitted during <br />the Pre-hearing Conference phase or at the Final Hearing at the discretion of the Board <br />or the Pre-hearing Conference Officer designated by the Board. <br />
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