Laserfiche WebLink
Binns, Janet <br />From: Binns, Janet <br />Sent: Wednesday, September 10, 2008 4:44 PM <br />To: John Weinman <br />Subject: HGLO RN3 <br />Good afternoon John, <br />I made my final corrections to the findings document today and checked with Dan Hernandez regarding approval of HGLO <br />RN3. He said he needed to consult with Dave Berry, Program Supervisor, regarding Rule 2.07.3(2)(e). Prior to the <br />consultation Dan and I looked at the public notice that HGTI ran at completeness. The following is what was determined <br />after Dan had consulted with Dave: <br />Rules 2.07.3(2)(d) and (e) require the applicant's proposed public notice for an application for a new permit, permit renewal, <br />or permit revision in which the affected area of the site will be within 100 feet, measured horizontally, of the outside right-of- <br />way of a public road (except where mine access roads or haul roads join such right-of-way line) to contain: <br />(d): the name and address of the Division to which written comments, objections, or requests for an informal conference <br />on the application may be submitted; <br />(e): a concise statement describing that particular portion of the road which is located within 100 feet, measured <br />horizontally, of the affected area. The notice shall also include a statement indicating that a public hearing, for the purpose <br />of determining whether the interests of the public and affected landowners will be protected, may be requested by <br />contacting the Division in writing within 30 days of the last publication of the notice. The notice shall also state that any <br />such hearing would be held in the locality of the proposed mining operation. <br />Special Note: The part in part (d) that speaks to informal conferences does not apply to TRs, as the opportunity to request <br />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 <br />TRs. <br />A deficiency was found in the public notice that was run regarding HG Loadout's RN-03 application. The notice correctly <br />contained information pertaining to the portions of two public roads that are located within 100 feet of the loadout's affected <br />area. However, the notice did not indicate that requests for informal conferences could be submitted to our office, nor did it <br />indicate that a public hearing could be requested. Dave Berry said today that even though the site is in Temporary <br />Cessation and the notice contained some of the information, the company will nevertheless need to republish their notice, <br />this time including the required additional information. <br />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 <br />particular note, the statement indicating that a public hearing may be requested within 30 days of the last publication of the <br />notice. Please also speak to the proximity of the topsoil pile in the southern portion of the permit adjacent to the road near <br />the county shop. <br />I will be out until Tuesday, If you wish to discuss this. However, the direction provided to me was pretty straightforward. <br />This was all a new concern to me as well. <br />Janet H. Binns <br />Environmental Protection Specialist <br />9/16/2008