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FROM:natural TO:IN7G JFlN 21, 1994 5:31PM <br />Mike Long <br />Page 6 <br />Haein can therefore probably meet the second condition of Rule <br />2.07.4(3)(d). <br />#174 P. 07 <br />eecauae Haein will Continue to operate in the interim while the <br />MLRB is deciding whether to approve permit renewals, and if it ie <br />correct in stating that at the, time it requests temporary relief <br />it will be mining under its surface and not any third party's <br />surface, Basin probably will meet the third condition of Rule <br />2.07.4(3)(d), because it will still be subject to the current <br />permits' conditions. <br />Finally. Basin meets the fourth condition of Rule 2.07.d(3)(d) in <br />its request for temporary relief because it is only requesting <br />approval for continued operations while the MLRB makes a final <br />decision on its permit renewalst Basin is not asking for issuance <br />of a permit where it has been denied in whole or in part. <br />Given the facts of this case. therefore, it appears that the MLRB <br />can grant Basin temporary relief to continue its operations pend- <br />ing the MLRB's final determination on its permit renewals, if the <br />Division issues a proposed decision prior to the January MLRB <br />meeting. <br />Conclusion <br />Because neither the Act or the Rules expressly prohibit DMG or <br />the MLRB from approving a permit renewal if the permittee does <br />not comply with the 180 day requirement, it appears DMG and/or <br />the MLRB may approve the permit renewal applications by Basin, <br />assuming all other statutory and regulatory requirements for such <br />renewals have been met. However, the Act and the regulations <br />specifically require that the 180 day requirement for a permittee <br />to be met to a21ow the permittee to continue operations after the <br />expiration date of the permit i! the MLRB has not yet made a fi- <br />nal determination regarding approval of a permit renewal applica- <br />tion. Because Basin failed to meet the 180 day requirement and <br />no determination will be made by January 25, 1994 regarding its <br />permit renewal applications, Basin may not continue to conduct <br />surface mining operations beyond that date for either permit, and <br />may not recommence operations on either permit area unless and <br />until its permit renewal applications have been finally approved. <br />However, it appears that Basin can meet the conditions necessary <br />for the MLRB to grant temporary relief under provisions of Rula <br />