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<br />Mike Long <br />Page 3 <br />(expiration) date ... if the initial administrative decision has <br />not been rendered .." Subsection 109(f) of the Act Section <br />34-33-109(f), C.R.S., states that "(t)he holder of a valid permit <br />may continue surface mining operations under said permit be- <br />yond the expiration date until a final administrative decision on <br />renewal is rendered if a renewal application is received by the <br />division at least one hundred eighty days prior to the expiration <br />date of the permit." Rule 2.08.5(3)(f) reiterates this statutory <br />provision. <br />in the instant case, DMG mailed its notice of permit renewal to <br />Basin in compliance with its statutory and regulatory responsi- <br />bility; i.e., 90 days prior to the 180 day time period. However, <br />Basin did not meet the 180 day statutory and regulatory require- <br />ments period, submitting its application more than a month late. <br />Because there is no explicit sanction for permit renewal for <br />failure to meet the 180 day requirement, it appears that DMG <br />and/or the MLRB, can still process the renewal applications and, <br />if all other statutory and regulatory conditions have been met, <br />issue the permit renewals Co Basin. <br />Generally, DMG is required to make a determination regarding the <br />renewal application within 120 days of its receipt, but it may <br />extend this time an additional 60 days if the application is <br />"unusually complex or controversial," Rule 2.07.4{2)(b). This <br />120 day period would be January 20. 1994. <br />However, under Section 109{f) of the Act and Rule 2.08.5(3){f), <br />the submission by permittee of an application for permit renewal <br />180 days prior to the permit expiration date is a condition prec- <br />edent that must be met to allow Basin to continue surface mining <br />operations after the permit has expired, if a determination <br />whether the permit should be renewed has not yet been made. Be- <br />cause Basin did not meet this condition, Basin cannot operate be- <br />yond the permit expiration date of the two permits - January 25, <br />1994-if the permit renewals have not been approved and/or tempo- <br />rary relief is not granted by the MLRB. <br />If DMG is able to process the permit renewals by Basin, and <br />issues a proposed decision prior to the January, 199A MLRB hear- <br />ing, under Rule 207.4(3)(x) Basin can request a formal hearing <br />any time within 30 days of the proposed decision if 1t may be ad- <br />versely affected by the proposed renewal decision and request <br />temporary relief from the MLRB. As noted above,,ln the event <br />that the Division issues a proposed decision before this month's <br />