Laserfiche WebLink
<br />Page 3 <br />event, Mr. Stockwell's second issue could only be considered after the public notice <br />procedures are satisfied, and a hearing on the application is held, assuming Mr. Stockwell <br />objects to the application on time. <br />10. If the subject change should be processed as a technical revision, Mr. Stockwell's second <br />issue is not a proper criteria to evaluate in the course of considering the revision. <br />§ 34-32.5-112(7)(a) provides that such revisions are not subject to the notice, hearing <br />requirements and approval criteria in Section 1l5 that apply to new permits and <br />amendments. <br />11. Therefore, the only issue under consideration by the Board in this proceeding is whether <br />Robinson Brick's proposed change constitutes an amendment. <br />12. The Division concluded that Robinson Brick's proposed change is a technical revision <br />because it does not propose to increase the amount of land. it is authorized to affect at any <br />one time, and does not have a significant effect on the reclamation plan. <br />l3. Mr. Stockwell argued that this is a significant change to the mine plan, which now provides <br />for stage mining, with concurrent reclamation. He noted that Robinson Brick is not even <br />close to finishing stage 1, has performed no reclamation, and cannot justify moving on to <br />stage 2. <br />l4. Robinson Brick argued that the sequence and timing of its operation are estimates only, and <br />are subject to change depending on the market for the product. <br />I5. Construction Materials Rule I.1(6) defines "amendment" to mean a change in the permit or <br />an application which increases the acreage of the affected land, or which has a significant <br />effect upon the approved or proposed reclamation plan. <br />16. The change will not affect the amount of acreage Robinson Brick Company is authorized to <br />affect. It was up to thirty-five acres at any one time, and still is thirty-five acres at any one <br />time. Furthermore, all proposed disturbance is contained in the presently designated <br />