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FROM :The Zak Family <br />FRX N0. :719-784-5395 <br />~~~"=~EIVED <br />APR 10 2001 <br />Division or Reclamation, <br />Mining and Safety <br />Colorado Mined Land Reclamation Board <br />13 i3 Sherman St, Room 219 <br />Aem>'er, Colorado 80203 <br />RE: Petition ib Designate J.,ands Ut-suitable <br />Dear Board 1ldembers: <br />Apr. 10 2007 12:51PM <br />PO Box 414 <br />12000 Auckland Ave. <br />Florence, CO 81226 <br />April 10, 2007 <br />P1 <br />I received a letter dated Match 13, 2007 fmm yota bivision of Reclamation, Mining and Safety. <br />In the letter it states; "based on this citation (section 34-33-126(2}{a}}, the Division has <br />determined that your petition was not submitted in a timely manner." TSnowing the importance <br />aftheir advice, it is unfortunate that toy petition may fail to be considered due to a simile issae <br />ofi"timeliness", <br />Can you show me in the United States Code or regulations where attme line is required as is <br />found in the previously mentioned Colorado Code? Colorado Code Section 34-33-108 (Rules <br />and regulations - no more atriagem) states in part, "...Rules and regulations promulgated <br />pursuant to this article shall be no more stringent than required to be as effective as the federal <br />"Surface Mining Control and Acclamation Act of 197T', as amended and federal regulations <br />thereunder..: '. If you can not show velure such a time line is required in the Federal code or <br />regulations, then failure to apply Section 34-33.108 could constitute "unequal application ofthe <br />law". This latter 3ectian was apparently applied in the development of the Regulations of the <br />Caloradn Mined baud Reclamation $oard for Coat Mining since it does not contain the cited <br />time lime requirement <br />t7ne of the most important and cherished privileges that we have as citizens is the right to <br />petition our government to have our concerns heard without undue restrictions. Yet, the Division <br />did not i~orm the public regarding the "timely submission" regnireme~ involving Rule 7 prior <br />to the informal conference. Doesn't using Section 34.33-126(2){a} to disqusiify my petition, in <br />effect, unnecessarily restrict my right to petition the government2 <br />Sincerely, <br />~' <br />1 W. Zak <br />C: Sandra L. Brown, DAMS <br />