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,~ RE~E~VE~ ~UL .X8 2007 ANN TATUM l)iyq~c„ofR 129 NORTH COMMERCIAI. S'T'REET Ml^mg ~"'~+. T'RTNIAAD, COLORADO 81082 Phone: 719 846-0149 T+'ax: 719 846-O1S9 JUIy 16, ~.no7 Mr. Dave Berry Facsimile; (303) $32 $106 Division of Reclamation, Mining & Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 Ms. Cheryl Linden Assistant Attorney General 1525 Sherman Street, 7a' Floor Denver, Colarado 80203 R~: FTACO TIME, LIMITS 1' acsimile (303) $66-355$ The Colorado Division of Mineral aad Geology Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, effective August 30, 1980, Section 5.03.2 117(3), 123(2) (2) (a) (b) (c) (ij (ii) (uij (iv) (v), ident~es the five legal issues wherein the abatement date can be extended over the 90 day limitation. The circumstances which may qualify a surface mining operation fur nn abatement period of more than 90 days are reiterated in (i) (ii) (iii) (iv) (v). None of the clreumslauces therein pertain to this matter, and therefore the extension of time granted to Tiasin on May 16, 2007 was in error and against the rules and law. The Board did not choose to enforce the rules and the law. The MLRB allowed Basin Resources, Inc. an additional 3D days from the date of May 16, 2007 to abate the February 15, 2UD7 Notice of Violation. The argument in favor of an additional time period was that the Board granted my request for a reset therefore Basin was entitled to the same consideraliun. This argwnent is not supported by the law. It was the Board's responsibility to KNOW that resetting the hearing until May 16ei would result in the hearing being held on the 90TII day. The Board had the authority to reschedule the hearing for a shorter time; they however chose to continue for the extra 30 days. ze 3sdd wl ll~l wrL' 65r09b86I! ES:Lt L09z/9r/G8