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FROM natural TO~DMG 1RN 21. 1994 5~29PM x174 P.04 Mike Long Page 3 (expiration) date ... if the initial administrative decision has not been rendered .." Subsection 109(f) of the Act 6ection 34-33-109(f), C.R.S., states that "(t)he holder of a valid permit may continue surface mining operations under said permit ... be- yond the expiration date until a final adminietcatlve decision on renewal is rendered if a renewal application is received by the division at least one hundred eighty days prior to the expiration date of the permit." Rule 2.08.5(3)(f) reiterates this statutory provision. In the instant case, DMG mailed its notice of permit renewal to Basin in compliance with its statutory and regulatory responsi- bility; i.e., 90 days prior to the 180 day time period. However, Basin did not meet the 180 day statutory and regulatory require- ments period, submitting its application more than a month late. Because there is no explicit sanction for permit renewal for failure to meet the 180 day requirement, it appears that DMG and/or the MLRB, can still process the renewal applications and, if all other statutory and regulatory conditions have been met, issue the permit renewals to Basin. Generally, DMG is required to make a determination regarding the renewal application within 120 days of its receipt, but it may extend this time an additional 60 days if the application is "unusually complex or controversial," Rule 2.07.4(2)(b). This 120 day period would be January 20, 1994. However, under Section 1091f} of the Act and Rule 2.08.5(3)(f), the submission by permittee of an application for permit renewal 180 days prior to the permit expiration date is a condition prec- edent that must be met to allow 88sin to continue surface mining operations after the permit has expired, if a determination whether the permit should be renewed has not yet been made. Be- cause Basin did not meet this condition, Basin cannot operate be- yond the permit expiration date of the two permits - January 25, 1994-if the permit renewals have not been approved and/or tempo- rary relief is not granted by the MLRB. If DMG is able to process the permit renewals by Basin, and issues a proposed decision prior to the January, 1994 MLRB hear- ing, under Rule 207.4(3)(a) Basin can request a formal hearing any time within 30 days of the proposed decision if it may be ad- versely affected by the proposed renewal decision and request temporary relief from the MLRB. As noted above, in tthe event that the Division issues a proposed decision before this month's