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GENERAL51702
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Last modified
8/24/2016 8:37:51 PM
Creation date
11/23/2007 7:01:00 PM
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
General Documents
Doc Name
MODIFICATION OF 1-26-94 BOARD ORDER GRANTING TEMPORARY RELIEF
Media Type
D
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14. The Board concluded on January 26, 1994 that the temporary relief sought by <br />Basin was consistent with the expressed legislative intent to "allow for the continued <br />development of the surface coal mining operation in this state, while requiring those persons <br />involved in surface coal mining operations to reclaim land affected by such operations...", <br />Section 102 of the Act, Section 34-33-102, C.R.S.. <br />I5. The Board concluded on January 26, 1994 that it had the authority under the <br />temporary relief provisions of Rule 2.07.4(3)(d) to allow Basin to continue to operate under <br />the terms of existing permits C-81-012 and C-81-013 during the 30-day public comment <br />period on the Division's proposed decisions renewing those permits and/or until the March, <br />1994 monthly Boatel meeting should an interested person request a formal hearing on either <br />or both of the proposed decisions. <br />16. The Board signed into effect on January 26, 1994 an order that allowed as a <br />temporary relief measure Basin to continue mining, coal preparation, coal shipping, and <br />ancillary activities at the New Elk and Golden Eagle Mines. The Board Order further <br />allowed those activities to continue under the tenors of permits C-81-012 and C-81-013 until <br />the March 1994 Board meeting or the expiration of the 30-0ay public comment period, and <br />subsequent notice to Basin that the proposed decision to renew the permits had become final <br />decisions pursuant to Rule 2.07.4(3)(c), pertaining to the Division's public notices of its <br />purposed decision, if no request was made for a formal public hearing on the Division's <br />proposed decisions to renew the permits. _ __ _. __ <br />17. The Division received a request for formal public hearing from Raton West on <br />February 24, 1994 regarding the Division's proposed decision to renew the permit for the <br />Golden Eagle Mine. <br />18. No comments regarding the Division's proposed decision to renew the <br />New Elk Mine permit were submitted to the Division during the public comment period <br />following the Division's publication of its notice to approve renewal of the permit. The <br />decision to approve the renewal of the permit became final on February 26, 1994. The <br />Division issued the permit for the New Elk Mine on February 28, 1994. <br />19. The Division scheduled a Formal Public Hearing on Mareh 4, 1994, to be <br />conducted during the Mareh 23-24, 1994 Board Meeting regarding the Division's proposed <br />decision to renew the Golden Eagle Mine permit. All parties that had submitted comments <br />regarding the proposed decision were notified on March 4, 1994 of the scheduling of the <br />formal public hearing. <br />20. The Division received on March 16, 1994 from Raton West a request to <br />continue the formal public hearing regarding the Division's proposed decision to renew the <br />Golden Eagle Mine permit from the March 1994 Board meeting to the April 1994 Board <br />meeting. <br />
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