Actually, this is precisely the issue reserved for hearing. If an inadequate design is employed, there may well be no satisfactory remedy after the fact. Therefore, this issue must be resolved prior to project approval. The Applicant appeals the ALJ's ruling that the impacts of fugitive dust is an issue for adjudication. The Town has no independent analysis of dust impacts that contradicts the Applicant's but instead it argues that the Applicant has not provided an adequate analysis.
Fugitive dust is a perennial concern of unconsolidated surface mining.
However, the establishment of dust control measures has been traditionally based on best management practices rather than on site-specific analyses of the severity of the unmitigated impact. Although an attempt can be made to quantify this impact, the Town has not demonstrated that the additional analysis will provide useful information to the permit decision. No additional study is required and no issue is raised for adjudication. Appeal by the Applicant and Staff Archeological Impacts Joined by Department Staff, the Applicant appeals the ALJ's ruling that Staff furnish him with documentation it has which results from the execution last year of a court-ordered search warrant upon the Applicant's offices. According to the Town, the warrant sought evidence relative to the preparation of the mining application, including archeological data.