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2010-11-15_REVISION - C1981008 (3)
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2010-11-15_REVISION - C1981008 (3)
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Entry Properties
Last modified
8/24/2016 4:26:52 PM
Creation date
11/15/2010 3:01:38 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
Revision
Doc Date
11/15/2010
Doc Name
Objection & Request for 2nd Formal Hearing Part 2
From
JoEllen Turner
To
DRMS
Type & Sequence
PR6
Email Name
MLT
SB1
Media Type
D
Archive
No
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r Setting of Formal Hearing —Date <br />Under C.R.S. 34- 33- 119(4) and (5) and Rule 2.07.4(3) of the Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for Coal Mining ( "Rules ") once a hearing has <br />been formally requested the Rules establish a timeline under which the hearing must be held. <br />Specifically, Rule 2.07.4(3)(a) states: <br />Any person with an interest which may be adversely affected by the proposed <br />decision may request a formal hearing before the Board on the proposed decision. <br />Such request must be made within 30 days of the first publication, be in writing, and <br />state with reasonable specificity the reasons for the request and the objection to the <br />proposed decision. (emphasis added) <br />Rule 2.07.4(3)(b) states : <br />If a formal hearing is requested, the Board shall hold such hearing in an appropriate <br />location no later than 30 days after said request and shall notify the applicant, any <br />person requesting said hearing, and any interested parties to the specific hearing of the <br />date, time and location of said hearing. (emphasis added) <br />Although Ms. Turner filed an initial letter of objection and request for hearing on October <br />13, 2010 (Attachment 1) the Division does not believe that it states "reasonable specificity" <br />• for the request and the objection as required under Rule 2.07.4(3)(a). In addition, Ms. Turner <br />indicates that additional "complete and accurate" materials will be submitted at a later date. <br />The October 13, 2010 letter merely provides a general list of issues that are of concern to Ms. <br />Turner, but does not provide any explanation of how the issues on the list are related, or even <br />relevant, to the proposed decision to approve PR -06. The list of issues fails to comply with <br />the specificity requirement mandated in the Rules. Therefore, it is the Division's position <br />that this initial letter of objection does not trigger the 30 day hearing process established in <br />Rule 2.07.4(3)(b) as it failed to specifically address, with detail, the objection to PR -06. <br />On October 21, 2010 Ms. Turner provided a second letter of objection and request for <br />hearing related to PR -06 (Attachment 2). Although this letter still failed to establish how <br />many of the issues raised by Ms. Turner are relevant to PR -06, it does provide a bit more <br />detail regarding the objection to PR -06 and the request for hearing. Therefore, the Division <br />believes that this October 21, 2010 letter triggers the 30 day hearing process established in <br />Rule 2.07.4(3)(b). <br />Pursuant to Rule 2.07.4(3)(b), "ifa formal hearing is requested, the Board shall hold such <br />hearing... no later than 30 days after said request". In order to comply with the requirement <br />of the Rule, the objection hearing must be held no later than November ?0, 2010. Therefore, <br />the Division has tentatively set this matter on the November 17, 2010 agenda which is the <br />Board's next regularly scheduled Board m} e e l ini <br />
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