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completion of the informal conference provided for in section 34-33-118(6} concerning <br />such pending application ...." Section 34-33-126(2)(a), C.R.S. <br />4. The applicant submitted an application to the Division on September 11, 2006. The <br />application was deemed complete on September 22, 2006. An informal conference was <br />held on December 12, 2006. <br />5. The Petitioners submitted their petition on February 21, 2007. In their petition, the <br />Petitioners asserted concerns about possible deformation of the cliff face, disruption of <br />ecological systems on their property, potential impacts to hydrologic balance and a decline <br />in property value. <br />6. The Division azgues that the Zak petition should be dismissed because it is untimely based <br />on Section 34-33-126(2)(a), which states that petitions must be received prior to informal <br />conferences. The petition was filed on February 21, 2007, well after the informal <br />conference on December 12, 2006. Furthermore, the Division points out that the <br />Petitioners will have a chance to seek a formal hearing before the Boazd if they object to <br />the Division's proposed decision on the application. <br />The Petitioners argue that they followed the language of the rule, not the statute, in <br />submitting the petition. Rule 7.06.5 of the Regulations for Surface Coal Mining states that <br />the Board may issue a decision on a pending application if an unsuitability petition that <br />includes lands within the proposed permit boundaries is received after completion of the <br />informal conference. The language of the statute (Section 34-33-126(2)(a)), which states <br />that a petition for unsuitability must be received prior to the informal conference, is not <br />incorporated into Rule 7.06.5. <br />Zak Petition, C-2006-085 <br />