REV05982

• Permit No: C1981013
• IBM Index Class Name: Revision
• Doc Date: 1/21/1994
• Doc Name: MEMO RIGHT OF SUCCESSIVE RENEWAL/CONTINUATION OF OPERATIONS
• Type & Sequence: RN2
• Media Type: D
• Archive: No

FROM natural TO~OMG
Mike Long
Page 2
is not the original permittee, bu
both of which have been renewed e
ration date for both permits is J
notification to Basin on April 19
both permits and the necessity of
tions to DMG in a timely manner.
plicationa on September 1, 1993.
plicationa and determined that ad
nary for both. DMG notified easi
renewal applications and has recs.
DMG has not yet made a proposed o
renewal applications, No person
sires party statue to these renew
that the Division will issue a pry
January 26-27, 1994 Mine Land Rec'
Basin has submitted a request for
posed decision and a request for 1,
sions of Rule 2.07.4(3)(d).
Legal Analysis
6ection 109(7)(a) of the Colorado
Act (Act), Section 34-33-109(7)(a
tee "the right of successive rene~
to permit areas." The permittee i
and, "such renewal shall be issuei
notice requirements have been metlI
demonstrated to exist. Id. The I
tions ie on DMG or any t)~rd part
Subsection 107(7)(d) provides the;
renewal shall apply for such rene~
expiration of the existing permit,
at least 90 days prior to the 18oj
to renew. Id. There is no explic
cation, for a permittee'e failure
placation in accordance with the
2.08.5{2) of the Regulations rei'
statutory provisions. Like the Ac
preasly provide any sanctions for
day requirement.
JRN 21. 1994 5~29PM t+174 P.03
t succeeded to these permits,
:veral times. The permit expi-
snuary 25, 1994. DMG mailed a
1993 of the expiration date o
sending its renewal applica-
Basin submitted its renewal ap
DMG reviewed both renewal ap-
)itional information was neces-
~ of the inadequacies of its
qtly received responses to them
final determination on the
gas yet indicated that 1t de-
ll applications: Anticipating
posed decision prior to the
.amation Board (NLRB) hearing,
a formal hearing on the pro-
:emporary relief under provi-
f

Surface Coal Mining Reclamation
-, C.R.S., grants a coal permit-
,+al upon expiration with respect.
nay apply for a permit renewal
!" to the permittee if public
unless certain conditions are
wrden of showing such condi-
+ challenging the renewal. Id.
a permittee desiring a permit
+al at least 180 days prior to
DMG must mail to the permittee
day period .notice of the need
:it sanction, e.g. permit revo-
to file its permit renewal ap-
.80 day requirements. Rule
:e rates the above-referenced
;t, the Regulations do not ex-
failure to comply with the 180
Section 109(i) of the Act, 6ectio~ 34-33-209(I), C.R.S., also
provides that a permittee who hasieubmitted an application for
renewal in accordance with the 18D day and other requirements set
forth in that section "May conduct such operations beyond such
r~