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attached hereto as Exhibit "B" and incorporated herein by this reference.) The proposed <br />decision of the Division to approve Operator's application for permit was based upon the <br />Division's finding that "the proposed operation will comply with all requirements of the <br />Colorado Surface Coal Mining Reclamation Act, C.R.S. § 34-33-101, et seq., and the <br />regulations promulgated thereunder." (See Exhibit "B".) <br />In apparent response to the publication of the Notice of Proposed Decision, the <br />Division received an undated letter from Frank E. Granberg, Executive Director of Trend <br />In Colorado, (hereafter referred to as 'Trend") a Colorado non-profit corporation. Mr. <br />Granberg's undated letter was received in the offices of the Division on September 28, <br />1990. (Copy of letter received by Division on September 28, 1990, attached hereto as <br />Exhibit "C' and incorporated herein by this reference.) While Mr. Granberg's letter con- <br />tained arequest for the Division's consideration for a public hearing, and was accom- <br />panied by an enclosure designated as "questions which were brought up by citizens at the <br />county land use permit hearing last evening so that you may judge as to the concerns of <br />citizens and organizations regarding this commercial stripmining operation," (See Exhibit <br />"C") the letter failed to specifically request a formal hearing before the Board and further <br />failed to set forth any objections to the proposed decision of the Division. Consequently, <br />Trend failed to comply with the specific statutory procedures as set forth in C.R.S. § 34- <br />33-119(4). <br />On or about October Ol, 1990, by letter dated October Ol, 1990, Jean Corley, <br />Office Manager, Trend, submitted to the Division a list of alleged discrepancies and <br />omissions in application requirements. (Copy of letter dated October Ol, 1990, attached <br />hereto as Exhibit "D" and incorporated herein by this reference.) <br />Pursuant to the controlling statute, specifically, C.R.S. § 34-33-119(4), any and all <br />objections to the proposed decision of the Division must have been received at the <br />Division within thirty days of the date of first publication of the Notice of Proposed <br />Decision or in this case on or before September 29, 1990. Ms. Corley's letter of October <br />Ol, 1990, was obviously submitted to the Division well beyond the statutorily prescribed <br />deadline. <br />Mr. Granberg, by letter dated October 09, 1990, addressed to Dan Matthews, stated <br />"We are waiving our right to a thirty day hearing so that proper notices can be given." <br />(Copy of letter dated October 09, 1990, attached hereto as Exhibit "E" and incorporated <br />herein by this reference.) <br />The formal hearing on this appeal of the proposed decision of the Division to <br />approve Operator's application for permit to conduct coal mining and reclamation <br />operations is presently set for November 14 and 15, 1990. Pursuant to C.R.S. § 34-33- <br />119(5), the formal hearing shall be held within thirty days of the date of the request. The <br />alleged request in this case was made on September 28, 1990, therefor, the thirty day time <br />2 <br />