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<br />3 <br />REGULATORY REOUIREMENTS <br />Rule 1.04(30) defines a "complete permit application" as one which <br />"minimally addresses each and every requirement of Rules 2 and 4 <br />and Sections 34-33-120 or 34-33-121 of the Act." <br />Rule 2.08.4(4) says, "An application for all types of revisions or <br />permit shall contain..." the following: <br />1. the permit number <br />2. description of the proposed changes <br />3. description of all changes affecting bond <br />4. other information, as needed. <br />Rule 2.08.4(5)(b) says, "The applicant shall make a copy of his or <br />her complete application for the public to inspect and copy. This <br />shall be done by filing a copy of the application with the recorder <br />at the courthouse..." "The public copy shall be filed at the same <br />time as the advertisement." <br />C3i1~ic~~_~ <br />Whereas MLRD deemed the TR-09 application from NCIG complete based <br />on the fact that all of the information required by the regulations <br />as well as all of the information provided for on the revision <br />application data processing form was submitted to the Division when <br />the application was submitted and, <br />Whereas a copy of the complete application was on file at the <br />county courthouse in the vicinity of the mine at the time of the <br />operator's advertisement. All of the information required by the <br />regulations and provided for on the revision application form was <br />present there as well and, <br />Whereas MLRD and the operator followed procedures prescribed in the <br />coal regulations for filing and reviewing the TR-09 application <br />and, <br />Whereas MLRD acted in good faith to address concerns expressed by <br />the public by requiring the operator to republish and refile the <br />application due to confusion with the public files at the local <br />courthouse, offering to review the contents of the application with <br />interested parties and, forwarding copies of all Division <br />correspondence regarding the revision to the local courthouse; <br />The Division proposes that the Mined Land Reclamation Board uphold <br />the Division's decision to approve NCIG's application for technical <br />revision number 9 to the New Castle Mine permit. <br />c:\wp51\1r225 <br />