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,~ <br />July 16> 2007 <br />Page 2 <br />Basin knew that the May 16`" hearing was on the 90u day. Basin KNEW that <br />they did not qualify for an extension per State and Federal law. Basin should have been <br />prepared to remit any sum of money ordered by the Rnard with reference to the NOV on <br />May 16'". BASIN RECEIVED AN ADDITIONAL UNLAWFYJL 30 days to either pay <br />the Rond nr abate the NOV. <br />FTAC <br />There is no provision/Iaw in either the State or Federal rules that ALLOWS or <br />provides fox an extension of time to abate an NUV over-and-above the absolute 90 days <br />limit that is applicable in this particulaz matter. The Mined Land Reclamafion Board <br />violated both State and Federal law iu allowing Basin Re~ourcas, Inc. an additional 30 <br />days from May 16, 2007 to either pay the additional Bond or abate the NOV. Basin <br />Rcsvtuccs, Inc. was ORDERED to either increase their existing $ond OR ABATE the <br />NOV on or before June 15, 2007. <br />According to 30 CFR part 843 the State of Colorado MUST issue F1'ACU against <br />Basin Resources, Inc. effective on June 16, 2007 expiring on June 20, 2007, (date our <br />bank issues credit on the wire transfer of the $622,000.00). As defned ivs X843.5 <br />"Umvarrunted failure to comply means the failure of a permittee to prevent the <br />occurrence of any violatiun of leis or lser permit or arxy regariramant of the Art due to <br />indifference, Back of diligence, or luck of reasonable care, or the failure to abate any <br />violation of such permit of the Act due to ind~erence, lack of diligence or lack of <br />reasonable care. " The issuance of a "hot check" clearly falls under the definition of <br />"indifference", "lack of diligence" and "lack of reasonable care". Such behavior <br />indicates disrespect for the MLRB and the State of Colorado. <br />30 CFR § 843.11 states that a cessation order shall be issued IMMEDIATELY for <br />violation of the ACT when the pernuttee fails to abide by all the conditions and/or <br />requirements of tltc permit. Bwin 1esources, Inc. cannot present any argument <br />wherein the FTACO should be overturned or not upheld by the State of Colorado <br />Mined Land Reclamation Board. <br />In essence, the failure of the Sate to issue the FTACU mirrors the Board in <br />granting an additional 30 days -both acts are unlawful and agalust both Stale and <br />federal regulations. <br />This is a statutory requiretnent aad one that must be implemented. The <br />argument that Basin will in all likelihood file an appeal is not an argument that <br />should preclude the State from fallowing the law. <br />60 39tid Wf11Gl WIC 65L09b86TG £S~tt <br />L00Z/9t/L0 <br />