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,`rE~ or ry <br />' a' r- ~ Unite~tates Department of tl~e nterior <br />-° OFFICE OF THE SOLICITOR <br />• ,~ ,~. DENVER REGION <br />P.O. BOAC `?5007 <br />DENVER FEDERAL CENTER <br />DENVER, COLORADO 80225 <br />November 23, 1982 <br />DIemorandum <br />To: Administrator, S+Testern Technical Center, OSM, <br />Denver <br />From: Regional Solicitor, Rocky Mountain Region <br />Subject: Review of Munger Canyon t4inina and Reclamation Plan <br />We have reviewed the mining and reclamation plan decision docu- <br />ment prepared by your staff for Hunger Canyon Cline. Although <br />both you and the State have identified a number of minor tech- <br />nical deficiencies in the applicant's proposal, most do not <br />seem significant enough to pose major litigation risks. How- <br />ever, we have identified some additional items that should be <br />corrected before you take final action on this application. <br />• The Public Notice published in the Grand Junction Daily Sentinel <br />pursuant to 30 C.F.R. 782.21 states Sheridan Enterprises, Inc. <br />has filed an application for a permit. A second Public Notice <br />published in the same paper pursuant to Colorado Law states the <br />Salt Creek t•Iining Company's application is proposed to be <br />approved. Although there is an explanation in the decision docu- <br />ment of the relationship between the applicant and the proposed <br />permittee, we were unable to find any material explaininc, how <br />the transfer was made. <br />There is no authority in either the statute or the regulations to <br />issue a permit to anyone other than the applicant for such permit. <br />Anyone seeking to succeed the original applicant must become an <br />applicant himself, and although he may adopt the mining and <br />reclamation plan submitted by the original applicant, he must <br />also submit all of the legal, financial, and compliance infor- <br />mation about himself that was required of the original appli- <br />cant. Specifically, for surface mining, activities he must sub- <br />mit the information required by 30 C.F.R. § 778.13, 778.14, <br />778.15, 778.16(c), 778.18, 778.19, 778.20, and 778.21.and for <br />underground mining activities he must submit the information <br />required by 30 C.F.R. § 782.13, 782.14, 782.15, 782.16(c), <br />782.18, 782.19, 782.20, and 782.21. Unless the application <br />contains all of the information from the successor about the <br />• <br />