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,~ <br />July 16, 2007 <br />Page 2 <br />Basin knew that the May 16"' heariug was on the 90a' day. Basin KNEW that <br />they did not qualify for an extension per State and Federal law. Basin should have bean <br />prepared to remit ony sum of money ordered by the Rnard witlt reference to the NOV on <br />May 16a'. BASIN RECEI'V'ED AN ADDITIONAL UNLAWFUL 30 days to either pay <br />the Rond nr abate the NOV. <br />FTACO <br />There is no provision/law in either the State or Federal rules that ALLOWS or <br />provides for an extension of time to abate an NUV over-and-above the absolute 90 days <br />limit that is applicable in this particular matter. T'he Mined Land Reclamation Board <br />violated both State and Federal law iu allowing Basin Ttesourcee, Inc. an additional 30 <br />days from May 16, 2007 to either pay the additional Bond or abate the NOV. Basin <br />RGSOUIGCS, Inc. was ORDERED to either increase their existing Bond OR ABATE the <br />NOV on or before June 15, 2007, <br />According to 30 CFR part 843 the State of Colorado MUST issue F 1'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 S622,OOD.00). As defined trs ,)5843.5 <br />"Unwarranted failure to comply means the failure of a permittee to prevent the <br />occurrence of any viola[iurr of Isis or her permit or any regrdrament of the Art dve to <br />indifference, Back of diligence, or lack of reasonable care, or the failure to abate any <br />violation of such permit of the Act due rn indF,~erence, lack o{ dtligence 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 § $43.11 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 />Tequirements of tlrc permit. Bruin Resources, 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 FTACO mirrors the Board in <br />granting an additiona130 days -both acts are nnhtwful and agalnst both Slttte and <br />Federal regulations. <br />This is a statutory requirement and 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 following the law. <br />£0 39t1d Wflltll WIC 65i09b86tL ~5~tt L00Zl9I/L0 <br />