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.~ <br />Duly lb, ano7 <br />Mr. Dave Berry Facsimile: (303) 832 8106 <br />Division of Reclamation, Mining eft Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Ms. Cheryl Linden <br />Assistant Attorney General <br />1525 Sherman Street, lei Floor <br />Denver, Colorado 80203 <br />Rir: FTACO <br />TIML LIMxTS <br />The Colorado Divisfon of Mineral and Geology Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining, effective August 30, 1980, Section <br />5.03.2 117(3), 123(2) (2) (a) {b) (c) (i) (ii) (iii) (iv) (v), identifies the five legal issues <br />wherein the abatement date can be extended over the 90 day limitation. The <br />Circumstances which may quality a surface miuiug operation for an abatement <br />period of more than 90 days are reiterated in (i) (ii} (iiij (iv) (v). None of the <br />ctrcumslauces therein pertain to this matter, and therefore the extension of time <br />granted to Basin an May 16, 2007 was in error and against the rnles and taw. The <br />Board did aot cheove to enforce the rules and the law. The MLRB allowed Basin <br />Resources, Inc. an additional 3D days from the date of May 16, 2007 to abate the <br />February 15, 2007 Notice of Violation. <br />RECE~~Ep <br />JUG ag P001 <br />ANN TATIJM ~h'+arortofRege <br />129 NO)2TII COMMERCIAI, STREET Miningays~"'. <br />TRINIAAD, COLORADO 81052 <br />Phone: 719 Sa6-0149 Fax: 719 846-0159 <br />Facsimile (303) 866-3558 <br />The argument in favor of an additional Mime period was that the Board granted my <br />request for a reset therefore Basin was entitled to the same consideratiuu. This v-guaxient <br />is not supported by the law. It was the Board's responsibility to KNOW that resetting the <br />hearing until 1vIay 16ei would result in the hcnring being held on the 90TH day. The <br />Board had the authority to reschedule the hearing for a shorter time; they however Chose <br />to continue for the extra 30 days. <br />Z0 39tid <br />Wllltyl WIP <br />6St09486t1 ES~Tt L00Z/9t/L0 <br /> <br />