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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. 1.4.1(5). Section 1.4.5, C.M.R., titled, "Specific Application Requirements <br />- 112 Reclamation Operations," makes "[a]llgeneral application requirements <br />outlined in Subsection 1.4.1," which are set forth above, applicable to Section 112 <br />permit applications. C.M.R. 1.4.5(1). Similarly, C.M.R. 1.4.2, titled, "Specific <br /> <br />Application Requirements for 110 Limited Impact Permit Applications," makes <br />"[a]ll general application requirements outlined in Subsection 1.4.1," as set forth <br />above, applicable to Section 110 permit applications. C.M.R. 1.4.2(1). <br />The Construction Materials Regular (112) Operation Reclamation Permit <br />Application Form, which appears in the record at pages 1-7, and is attached hereto <br />as Exhibit A for ease of reference, contains all of the information requested in <br />items (a), (b), (c), (e), and (f) of C.M.R. 1.4.1(5)2, but does not contain the <br />information requested in item (d) of C.M.R. 1.4.1(5), "a statement that the <br />Applicant has applied for all necessary approvals from local government." <br />C.M.R. 1.4.1(5)(d) (emphasis added). <br />The MLRB has argued that the statement asked for in C.M.R. 1.4.1(5)(d) is <br />purposefully and properly not part of Section 112 permitting because the statutory <br />basis for that rule, as noted in the left margin of the rule, is taken directly from the <br />z The information requested by C.M.R. 1.4.](5)(a) appears on page 3 of the form at item 14; the information <br />requested by C.M.R. 1.4.1(5)(b) and (c) appears on page 2 of [he form at items 6 and 7; the information requested <br />by C.M.R. 1.4.1(5)(e) appears on page 5 of the form as item 8; and the information requested by C.M.R. 1.4.1(5)(f) <br />appears on page 7 of the form. <br />4 <br />
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