CRMO is still waiting for Hayden Corp. and GPPC to apply for permits so they can continue the activities they started late last year in the Obyan area.
In October last year, the firms obtained from the Division of Environmental Quality a commercial earthmoving and erosion control permit, allowing them to start digging and grading the area for their construction project which involved 29,425 square meters of land.
CRMO said when the two companies applied for a one-start application, they said the site would be graded and excavated by heavy equipment and the excavated material would be reused.
The firms plan to put up a staging area at the site but they did not indicate in their application that they would be using it as a quarry for commercial projects.
CRMO initially determined that the activities as described in the firms’ one-start application did not require a permit.
A few months later, CRMO received complaints about quarrying activities at the site.
This prompted the agency to inspect the area. Last February, CRMO sent GPPC an enforcement notice advising the company that it could not further excavate materials from the site without a major siting permit.
An administrative hearing was held and it was determined that Hayden Corp. and GPPC should apply for major siting permit before they could move ahead with the project.
The firms appealed the decision but the court determined that requiring a permit application is not a final agency action.
Associate Judge A. Wiseman in his order, granted CRMO’s motion to dismiss the firm’s complaint.
