GENERAL48471

• Permit No: M1980020
• IBM Index Class Name: General Documents
• Doc Date: 12/7/1981
• Doc Name: PN 79-197
• From: LEE & MARTURANO PC
• To: MLR
• Media Type: D
• Archive: No

Joseph G. Zalkind
December 7, 1981
Page Two
under a special permit and then under a limited impact permit succeeding
it.
After the limited impact permit then an application was made
fora regular permit and the area requested to be mined under the regular
permit was the same as that under the limited impact permit except that
the area was expanded 24.2 acres. A hearing was held on this application
on March 6, 1980 and the Board approved a regular permit captioned as
permit no. 80-20 for Braley Sand & Gravel permit no. 1. This operation
did not become bonded, however, so as to officially approve permit 80-20
until July 15 1980. Thus I am not sure whether the anniversary date on
the permit 80-20 is March 6, 1980 or July 15, 1980. The problem with the
delay between the Board's approval of our application for regular permit
(permit 80-20) and its ultimate bonding some four months later was with
Braley Sand & Gravel's insurance carrier. They never before had been
requested to give a surety bond for reclamation and there were a myriad
of delays in processing the bond required.
Finally, this past summer an application for the amendment of
our regular permit 80-20 was submitted seeking the further expansion of
this operation for 24.2 acres to 37.9 acres. The Board acted upon the
same and proved it October 29, 1981.
As part of the application for our amendment of the regular
permit items which would be included within an annual report were addressed.
Additionally the $350.00 annual fee on permit 80-20 was paid first by way
of an overpayment of our application fee by $50.00 when the same was sub-
mitted on July 16, 1981 and then an additional $300.00 on October 12, 1981
for the required amount of $350.00.
All of this is to say that permit 79-197 which you show in your
files has been merged into and become a part of permit 80-20. Further,
with regard to permit 80-20, both the annual report and the annual fee for
1981 have been paid. If one uses the bonding date as the anniversary date
of each permit then: a) November 5, 1979 would be the anniversary date of
special permit 79-197; b) this special permit, however, was converted into
a limited impact permit with the same number, 79-197 and bonded November 30,
1979; c) limited impact permit 79-197 was then merged into and became a
part of regular permit 80-20 on July 15, 1980; d) an annual report and
fee would have been due on permit 80-20 in 1981; and e) with our applica-
tion for amendment to this regular permit 80-20 which was granted, as
referenced above, the annual report and fee were paid as stated.
In conclusion I would appreciate your updating your files to
show the same so that there is only one permit and that is permit 80-20,
which is current in terms of its annual report and annual fee. If you
have any questions or concerns about this please do not hesitate to call.