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PERMFILE100779
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PERMFILE100779
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Entry Properties
Last modified
8/24/2016 9:55:20 PM
Creation date
11/24/2007 7:20:46 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2005012
IBM Index Class Name
Permit File
Doc Date
7/25/2005
Doc Name
approval recommendation
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dmg
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various
Media Type
D
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3) The objector expresses a concern that the applicant's proposed access road <br />is never intended to be built. The objector states that the applicant intends <br />to later switch back to the original Kinikin Road access point once the <br />permit is issued. <br />As noted in the Division's response to the objector on June 13~`', a permit holder <br />cannot arbitrarily switch access points. The application states that the "green <br />gate' access off Kinikin Road may be used at a future date, but only if litigation is <br />settled in the applicant's favor. If such a scenario occurred, the permitee would be <br />required to follow the requirements of 2 CCR 407-4, Rule 1.10.1. This Rule <br />provides that amendments are to be reviewed by the Board in the same manner <br />as a new application including the requirements of public notice and adjacent <br />landowner notifications of the proposed changes per 2 CCR407-4, Rule 1.10.1(4). <br />Any use of the Kinikin Road, Green Gate access without an approved amendment <br />to the proposed permit would be considered a possible violation of the approved <br />permit and subject to possible civil penalties, bond forfeiture arid/ or permit <br />revocation by the Mined Land Reclamation Board. <br />4) The objector has requested the permit not be approved unless an adequate <br />plan clearly details the road specifications, estimated costs for construction, <br />proof of adequate funding for construction and a certain timeframe for the <br />construction of said access road. The objector also request that if the <br />access is later changed that the proposed permit be terminated and a new <br />permit initiated from the start. <br />The Division has received the specifications for the construction of the road in <br />reference to width and type of materials used for construction, which are noted in <br />the amendment to the application. The Division has no regulatory authority to ask <br />for estimates on road construction costs, proof of adequate funding or requiring <br />construction within a certain time frame. <br />Staffs opinion after review of all materials is that these issues are beyond the scope of the <br />Mined Land Reclamation Board's authority. It appears that the Board has no statutory authority <br />to require what the objector requests. Further, the objector has failed to supply documentation <br />of interest within 200 feet of the access road property or directly adjacent to the proposed <br />access road, thus failing to show possible harm. <br />
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