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GENERAL54783
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GENERAL54783
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Entry Properties
Last modified
8/24/2016 8:39:57 PM
Creation date
11/23/2007 9:48:52 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981015
IBM Index Class Name
General Documents
Doc Date
2/24/1981
Doc Name
DORCHESTER COAL CO CONFIDENTIALITY OF CERTAIN PROPRIETARY INFORMATION IN MRP PERMIT APPLICATIONS
From
DELANEY & BALCOMB PC
To
MLR
Permit Index Doc Type
GENERAL CORRESPONDENCE
Media Type
D
Archive
No
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r.,-y. - ~ .~.L1..._.1Wla-. <br />~~' ~~ <br />Mr. David Shelton, Director <br />February 24, 1981 <br />Page Two <br />In reviewing Part 2 of the Colorado Open Records <br />Act it is important to note that §24-72-104(1) provides that <br />"the custodian of any public records shall allow any person <br />the right of inspection of such records or any portion <br />thereof exce t on one or more of the following grounds or as <br />'provided in subsection (2) or (3) of this section...." <br />(Emphasis added) It is relevant to note that under the <br />following grounds of subsection (1) the exception would <br />apply to (a) where "such inspection would be contrary to any <br />state statute" or (b) where "such inspection would be contrary <br />to any federal statute or regulation issued thereunder <br />having the force and effect of law." <br />Subsection (2) of §24-72-104 does not appear <br />relevant to this issue. <br />Subsection (3)(a)(IV) of §24-72-104 does appear <br />relevant to this issue because it provides that "the custodian <br />shall~denY the right of inspection of the following records, <br />unless otherwise provided ~ law...(IV) trade secrets, <br />privileged information, and confidential commercial, financial, <br />geological, or geophysical data furnished ~ or obtained <br />from a~ person." (Emphasis added) Geophysical is defined <br />in Webster's New Collegiate Dictionary as the "physics of <br />the earth including the fields of meterology, hydrology, <br />oceanography, seismology, vocanology, magnetism., radioactivity <br />and geodesy." Thus, it would appear that the hydrology <br />study claimed as confidential in DCC's letters of January 27 <br />and 28, 1981 should be afforded confidential treatment under <br />authority of §24-72-204 (1) and (3)(a)(IV), unless otherwise <br />provided by law. <br />In reviewing other Colorado statutes which might <br />require the public inspection of such claimed confidential <br />geologic and geophysical data, §34-32-112(9) of the Colorado <br />Mined Land Reclamation Act of 1976 provides that "information <br />provided the board in an application for a permit relating <br />to the location, size or nature of the deposit or information <br />required in subsection (5) of this section and marked as <br />confidential information by the operator shall be protected <br />by the board and not be a matter of public record in the <br />absence of a written release from the operator or until such <br />mining has been terminated." The dictionary's definition of <br />"nature" is "the inherent character or basic constitution. of <br />a person or thing." It is our position that because coal ' <br />bodies are generally considered acquifers (i.e., geologic ~. <br />
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