PERMFILE112282 - Laserfiche WebLink

Home Browse Search

Addendum to Rational for Approval Recommendation Page 2 Application for Stone Gravel Pit Permit No. M-97-089 February 17, 1998 Objections raised by Mr. Stills on 2/12/98 have been characterized as follows: Objections related to the Technical Revision; Objections not related to the Technical Revision and not addressed previously in the Proposed Pre-Hearing Conference Order; and Objections not related to the Technical Revision but addressed previously in the Pre-Hearing Conference Order. Objections raised by Mr. Stills are represented by italicized bold print. DMG response to the objection issues follows in standard print. Objections related to the Technical Revision 1. The app/ication file contains a `Yechnice/ revision"(my clients respectful/y maintain the position that these submissions qualify es an amendment'? fi/ed with the Montezuma County Clerk and Recorder on January 23, 1998. Rule 1.116) defines an Amendment as a change in the application which increases the acreage of the affected land, or which has a significant effect upon the proposed Reclamation Plan. Rule 1.1(49) defines a Technical Revision as a change in the application, which does not have more than a minor effect upon the proposed Reclamation Plan. Applicant's 12/22/97 response was intended to detail, clarify and explain portions of the application addressed by DMG's adequacy letter. However, upon re-examination of the Applicant's 12/22/97 response, DMG and the State Attorney General's Office determined that item 5 of the response, addressing reconstruction of the drainage channel, represented a minor change to the proposed Reclamation Plan and as such qualified as a Technical Revision. Applicant's 12/22/97 response did not increase the acreage of the affected land and did not have more than a minor effect upon the proposed Reclamation Plan and therefore did not qualify as an Amendment. 2. Further, my clients hereby reserve the right to raise at the formal hearing in Denver any an all issues related to the January 27, 1998, /fling. Parties and/or the public may request that the Board hear issues not listed within the Pre- Hearing Conference Order. However, the Board will determine which issues will be considered during the formal public hearing.