SEC Appeal Hearing — Moonlight Exploration Projects
November 20, 2008
- Appellants — Darlene Jackson, Connie Herman , Ronald Bunte, Ron Bunte, and Oma Dicus
- Respondent — Nevada Division of Environmental Protection, Bureau of Mining Regulation & Reclamation
- Intervener — TGC Holdings, Ltd.; Represented by: Erwin & Thompson LLP
A three-member panel of the State Environmental Commission (SEC) has scheduled a hearing on the above-referenced appeal filed by the above-named appellants. Each appellant's appeal has been consolidated into one hearing pursuant to NAC 445B.8957. The appeal hearing will be held at 10:30 am on Thursday, November 20, 2008 in Carson City, Nevada. The hearing will be conducted at the
Nevada State Library and Archives, 100 North Stewart Street Carson City, Nevada - conference room A.
The SEC has jurisdiction to hear this appeal pursuant to NRS 519A.160, NAC 519A.415 and
NAC 445B.875 through NAC 445B.899. The Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) sections involved in this appeal are: NRS 519A.010 to 519A.280 and NAC 519A.010 to 519A.415.
General Vicinity Map
Appeal Background: On September 26, 2008, the Nevada Division of Environmental Protection Bureau of Mining Reclamation & Regulation issued Reclamation Permit No. 0286 to TGC Holdings Ltd. for the Moonlight Exploration Project in Pershing County, Nevada. The Reclamation Permit authorizes TGC Holdings Ltd. to properly reclaim the exploration project, to provide for a productive post-mining land use, and to ensure adequate bonding to cover the costs of reclamation.
On October 3, 2008 the above-named appellants appealed the issuance of Permit No. 0286 by the Nevada Division of Environmental Protection to TGC Holdings Ltd.
Nature of the Appeal: On October 3, 2008, the above-named appellants filed individual appeal forms with an attached letter. The letter was addressed to Connie Davis and Shane Martin, Nevada Division of Environmental Protection, Bureau of Mining Regulation and Reclamation.
According to the appellants' October 3, 2008 letter, TGC Holdings Ltd. is applying for a permit to cross appellants' lands via evidence of an old road through their desert property. The letter alleges that pollution from vehicles, from possible oil dripping or slicks, etc. could damage the environment. The letter also alleges that pollution to Indian Creek from vehicles could occur and that vehicle accidents resulting in "liability issues" could result from vehicle traffic over appellants' private property on existing "public right-of-ways."
Intervener: On October 13, 2008, TGC Holdings, Ltd. filed a Request to Intervene in the above-referenced appeal. In accordance with NAC 445B.8915, the request to intervene was granted by the SEC on October 24th 2008.
- August 19, 2008 — Notice of Intent - NDEP Permit 0286
- September 26, 2008 — Notice of Final Decision Reclamation Permit # 0286
- September 26, 2008 — Reclamation Permit 0286 — TGC Holdings LTD.
- October 10, 2008 — Appeal Forms: [Darlene Jackson] [Connie Herman] [Ronald Bunte] and [Oma Dicus]
- October 03, 2008 — Appeal Letter: Darlene Jackson, Connie Herman , Ronald Bunte, and Oma Dicus
- October 13, 2008 — Request for Leave to Intervene: TGC Holdings Ltd.
- October 24, 2008 — Certificate of Service
- November 20, 2008 — Appeal Hearing Transcript
- December 20, 2008 — Fndings of Fact, Conclusions
of Law and Order — Appeal of Reclamation Permit: Permit No. 0286 TGC Holdings Ltd. Moonlight Exploration Project
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