|
The original application for the Idaho Mill was approved, without objection, on March 8, 2007. However,
<br />the Applicant did not submit the required financial warranty and the permit was not issued. Pursuant to
<br />Rule 4.1(2), no permit may be issued until the Division receives and approves the performance and
<br />financial warranties. If these warranties are not received within one calendar year of approval of the
<br />application, the Board shall hold a hearing, in accordance with the notification and comment provisions of
<br />Rule 1.6, to reconsider the previous approval.
<br />Pursuant to Rule 4.1(2), the Applicant re-noticed the application on or about December 2, 2008. During
<br />the public comment period for the re-noticed Idaho Mill application, the Division received written
<br />objections from Scott Collignon and Lisa Giovanniello. Comments received during the public comment
<br />period are timely and thereby satisfy one of the two criteria by which party status may be granted. After
<br />the close of the public comment period the Division received written objections from Poppy Harshman,
<br />Phil Vigil, Amy and Jason Aweida, and Karen and Steve Richards. Comments received after the close of
<br />the public comment period are not timely and thereby fail one of the two criteria by which party status
<br />may be granted.
<br />On February 11, 2009, the Board considered the re-noticed application, with objections, and determined
<br />that the re-noticed application was not adequate for approval. The Board's determination was based on
<br />the fact that since the March 8, 2007 approval, changes had occurred at the site and these changes were
<br />not addressed by the reclamation plan and financial warranty. Therefore, the application no longer
<br />satisfied the minimum requirements of the Act and Rules and was no longer adequate for approval.
<br />During that February 11th meeting, the Board also found the Applicant in violation for failing to obtain a
<br />reclamation permit prior to engaging in a new mining operation (Violation MV-2009-007). The Board
<br />ordered the Applicant to amend the application to reflect any and all changes to the plan including, but
<br />not limited to, addition of all disturbed areas related to the mining operation that were located outside of
<br />the proposed permit boundary.
<br />On May 5, 2009, the Applicant filed the amended application with the Division. During the public
<br />comment period for the amended application the Division received timely written objections from Scott
<br />Collignon, Lisa Giovanniello, Poppy Harshman, Phil Vigil, Amy and Jason Aweida, Bill Karls, and Dave
<br />Linden.
<br />Therefore, in these proceedings for the Idaho Mill the candidates for party status appear to include
<br />Wildcat Mining Corporation, Scott Collignon, Lisa Giovanniello, Poppy Harshman, Phil Vigil, Amy and Jason
<br />Aweida, Bill Karls, and Dave Linden. The Division has not received any written comment from Ken and
<br />Veniec;e Fagerlin and the Fagerlin's appear to have. no current standing as a candidate for party status. If
<br />you or the Fagerlin's have information to the contrary please submit such as soon as possible to the
<br />Division's office in Durango at 691 County Road 233, Suite A-2, Durango, Colorado 81301, to the attention
<br />of Wally Erickson.
<br />At this time the Division has not officially determined party status for any of the above listed individuals.
<br />As indicated in the Div'ision's notice to parties and interested persons, dated August 19, 2009, parties will
<br />2
|