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<br />3. Colorado is a primacy state and must en_ force and, maintain all <br />applicable Federal laws concerning coal: mining. The Notice of <br />Violation at issue,. dated February 1"5; ° 2007-- provides <br />:. Basin/Westmoreland within 90 .days to• abate the .aiolation.. Said <br />abatement date is May 15, 2007: - - - -- -- <br />30 CFR § 843.12 (f) limits the circumstances which may qualify a <br />surface coal mining operation for an' abatement period of more <br />than 90 days. The 5 reasons that an extension can occur DO <br />NOT APPLY IN THIS INSTANCE and therefore no hearing <br />can take place after May 15, 2007. If the Notice of Violation is <br />not abated by Basin/Westmoreland on or before May 15, 2007, <br />DRMS must issuea failure to abate and a cessation order. <br />4. 30 CFR § 843.16 requires Basin/Westmoreland to file a request <br />for review within 30 days after the Notice of Violation is received <br />The NOV is dated March 16, 2007. Basin/Westmoreland is out of <br />time to make such a request. Further, even if MLRB grants such a <br />request, the request and/or hearing DOES NOT STAY the Notice <br />of Violation in any event. <br />5. MLRB was placed on notice by the United States Department of <br />the Interior, Office of Surface Mining in June, 1996 and again in <br />February, 2007 that the Colorado regulatory program must <br />implement 30 CFJR § 817.121 (c) (5) which was required as a <br />result of 1995 Federal regulations promulgated pursuant to Section <br />720 of SMCRA. 30 CFR § 817.121 (c) (5) requires the permittee <br />to post an additional performance bond within 90 days of the date <br />the subsidence damage occurred or, in no case, later than one year <br />from that date. MLRB has responded to OSM that Rule 3.02.2(4) <br />incorporates the requirements of 30 CFR 817.121(c)(5). The <br />Judgment in O1CV26 finding coal mining subsidence is dated <br />December 2002. <br />Tatums presented their argument for the legal -necessity for the <br />increase of the bond in their earlier response to Basin's April 20"' <br />"Statement of Reasons". On March 8, 2007, (Exhibit 1) OSM <br />stated that DRMS'~had the authority to enforce of 30 CFR §817.121 <br />(c) (5) and further, OSM agreed with DRMS that an "order to <br />increase the bond~in the amount of the State of Colorado judgment <br />2 <br />