2008-09-24_REVISION - C1992081

• Permit No: C1992081
• IBM Index Class Name: REVISION
• Doc Date: 9/24/2008
• Doc Name: Email Regarding Changes to Proposed Decision
• From: Dan Hernandez
• To: Janet Binns
• Type & Sequence: RN3
• Media Type: D
• Archive: No

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John C. Weinman
Hydro-Environmental Solutions, Inc.
57 10th Street, Suite B
P.O. Box 772996
Steamboat Springs, CO 80477
970-871-6125
970-871-6195 (fax)
970-846-5112 (cellular)
[e-mail]
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From: Binns, Janet [mailto:[e-mail]]
Sent: Wednesday, September 10, 2008 4:44 PM
To: John Weinman
Subject: HGLO RN3
Good afternoon John,
I made my final corrections to the findings document today and checked with Dan Hernandez regarding approval of HGLO
RN3. He said he needed to consult with Dave Berry, Program Supervisor, regarding Rule 2.07.3(2)(e). Prior to the
consultation Dan and I looked at the public notice that HGTI ran at completeness. The following is what was determined
after Dan had consulted with Dave:
Rules 2.07.3(2)(d) and (e) require the applicant's proposed public notice for an application for a new permit, permit renewal,
or permit revision in which the affected area of the site will be within 100 feet, measured horizontally, of the outside right-of-
way of a public road (except where mine access roads or haul roads join such right-of-way line) to contain:
(d): the name and address of the Division to which written comments, objections, or requests for an informal conference
on the application may be submitted;
(e): a concise statement describing that particular portion of the road which is located within 100 feet, measured
horizontally, of the affected area. The notice shall also include a statement indicating that a public hearing, for the purpose
of determining whether the interests of the public and affected landowners will be protected, may be requested by
contacting the Division in writing within 30 days of the last publication of the notice. The notice shall also state that any
such hearing would be held in the locality of the proposed mining operation.
Special Note: The part in part (d) that speaks to informal conferences does not apply to TRs, as the opportunity to request
an informal conference does not exist for TRs. The other parts of part (d), as well as all of part (e), however, do apply to
TRs.
A deficiency was found in the public notice that was run regarding HG Loadout's RN-03 application. The notice correctly
contained information pertaining to the portions of two public roads that are located within 100 feet of the loadout's affected
area. However, the notice did not indicate that requests for informal conferences could be submitted to our office, nor did it
indicate that a public hearing could be requested. Dave Berry said today that even though the site is in Temporary
Cessation and the notice contained some of the information, the company will nevertheless need to republish their notice,
this time including the required additional information.
So, I am very sorry to ask you to republish the RN3 notice and include all the information required by Rule 2.07.3(2), of
9/30/2008