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2013-02-12_REVISION - M1977310
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2013-02-12_REVISION - M1977310
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Entry Properties
Last modified
6/15/2021 11:26:12 AM
Creation date
2/13/2013 3:36:18 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977310
IBM Index Class Name
Revision
Doc Date
2/12/2013
Doc Name
OBJECTIONS TO TC-03
From
INFORM
To
DRMS
Type & Sequence
TC3
Email Name
GRM
Media Type
D
Archive
No
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Case 1:08 -cv- 01624- WJM -MJW Document 102 Filed 02/27/12 USDC Colorado Page 6 of 12 <br />activities on ULMP lands may be necessary to comply with that Order. Although this <br />issue is to some degree not yet ripe, the Court finds good cause to modify the injunction <br />to allow those activities on ULMP lands that are absolutely necessary to comply with an <br />order from a federal, state, or local government regulatory agency. As to these actions <br />also, the Court will require Defendants to provide notice to the Court and Plaintiffs <br />before any such activities begin on ULMP lands. <br />6. Reclamation Activities <br />Defendants also contend that they should be allowed to conduct certain <br />reclamation activities on the ULMP lands. While Defendants' Motion and supporting <br />documents did not provide enough detail to the Court to adequately analyze this <br />request, Defendants' Reply brief and the accompanying Declaration of Steven R. <br />Schiesswohl does. <br />The Court finds good cause to amend the Injunction to allow certain reclamation <br />activities on ULMP lands. Specifically, the Court will amend the injunction to allow those <br />activities on ULMP lands that are absolutely necessary to remediate dangers to the <br />public health, safety, and environment on ULMP lands caused by major storm events, <br />acts of vandalism, or land subsistence. (See ECF No. 101 -1, 116.) As to these actions, <br />the Court will require Defendants to provide notice to the Court and Plaintiffs before any <br />such activities begin, if possible. However, if an emergency situation prevents <br />Defendants from providing such notice before such activities begin, Defendants shall <br />provide notice to the Court and Plaintiffs of such response activities no later than seven <br />days after the activities began. <br />The Court will also amend the injunction to allow those activities on ULMP lands <br />6 <br />
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