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FRGM:natural TO:DMG JqN 21. 1994 5:29PM p174 P.03 Mike Long Page 2 is not the original permittee, but succeeded to these permits, both of which have been renewed several times. The permit expi- ration date for both permits ie January 25, 1994. DMG mailed a notification to Basin on April 19, 1993 of the expiration date of both permits and the necessity of sending its renewal applica- tions to DMG in a timely manner. Basin submitted its renewal ap- plications on September 1, 1993. DMG reviewed both renewal ap- plications and determined that additional information was neces- sary for both. DMG notified Basin of the inadequacies of its renewal applications and has recently received responses to them. DMG has not yet made a proposed or final determination on the renewal applications. No person has yet indicated that it de- sires party statue to these renewal applications. Anticipating that the Division will issue a proposed decision prior to the January 26-27, 1994 Mine Land Reclamation Board (NLRB) hearing, Basin has submitted a request for a formal hearing on the pro- posed decision and a request for temporary relief under provi- sions of Rule 2.07.4(3)(d). Legal Analysis Section 109(7)(x) of the Colorado 6urface Coal Mining Reclamation Act (Act), Section 34-33-109(7)(x), C.R.6., grants a coal permit- tee "the right of successive renewal upon expiration with respect to permit areas." The permittee may apply for a permit renewal and, "such renewal shall be issued" to the permittee if public notice requirements have been met unless certain conditions are demonstrated to exist. Id. The burden of showing such condi- tions is on DMG or any tFi~rd party challenging the renewal. id. Subsection 107(7)(d) provides that a permittee desiring a permit renewal shall apply for such renewal at least 180 days prior to expiration of the existing permit. DMG must mail to the permittee at least 90 days prior to the 180 day period notice of the need to renew. Id. There is no explicit sanction, e.g. permit revo- cation, for a permittee's failure to file its permit renewal ap- plication in accordance with the iB0 day requirements. Rule 2.08.5(2) of the Regulations reiterates the above-referenced statutory provisions. Like the Act, the Regulations do not ex- pressly provide any sanctions for failure to comply with the 180 day requirement. Section 109(I) of the Act, 6ection 34-33-209(I), C.A.6., also provides that a permittee who has submitted an application for renewal in accordance with the 180 day and other requirements set forth in that section "May conduct such operations beyond such