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PERMFILE134388
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PERMFILE134388
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Entry Properties
Last modified
8/24/2016 10:35:05 PM
Creation date
11/26/2007 2:15:01 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
6/25/2007
Doc Name
Continued Reply Brief
From
Court of Appeals
To
DRMS
Media Type
D
Archive
No
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C.M.R. 6.4.13 (emphasis added). <br />Thus, rules'6.3.6 and 6.4.13, C.M.R, impose an additional requirement and <br />address a broader category of potentially relevant permits outside of and in <br />addition to the language of C.M.R. 1.4.1(5)(d), which asks for an affirmative <br />representation by the applicant that local government approvals have already been <br />sought. The identical treatment of Section 110 and Section 112 permit applications <br />in C.M.R. 6.3.6 and C.M.R. 6.4.13 entirely vitiates the distinction the MLRB <br />attempts to make to justify its unnecessarily narrow application of C.M.R. <br />1.4.1(5)(d). Section C.M.R. 1.4.1(5)(d) was not replaced by the more specific <br />requirements of C.M.R. 6.4.13; it was simply augmented by it in the same way that <br />C.M.R. 6.3.6 augments the requirements of C.M.R. 1.4.1(5)(d) as to Section 110 <br />permits. <br />Under the plain language of the Construction Material Rules, applicants for <br />both Section 110 and Section 112 permits must state that the applicant has applied <br />for all necessary local government approvals per C.M.R. 1.4.1(5)(d) and must <br />explain in an attachment how the applicant has or will apply for the other <br />potentially necessary licenses and permits listed at C.M.R. 6.3.6 and C.M.R. <br />6.4.13, respectively. These requirements can be harmonized and consistently <br />applied by understanding that C.M.R. 1.4.1(5) requires an affirmative statement by <br /> <br />
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