GENERAL35389 - Laserfiche WebLink

Home Browse Search

MEMORANDIIM IN $IIPPORT OF REOIIEST FOR POBLIC HEARING Basin Resources, Inc. (Basin) operates the New Elk Mine (Permit C-81-012) and Golden Eagle Mine (Permit C-81-013) in Las Animas County, west of Trinidad, Colorado. Operating permits for both mines were issued on January 25, 1989. The New Elk Mine permit clearly expires on January 25, 1994, five years after the issue date. As explained in the Memorandum in support of Basin's previous Petition .for Declaratory Order, which Basin requests be incorporated herein, there is some confusion in the Division's records, as well as in the Act and rules relating to permit revisions, as to when the Golden Eagle permit expires. However, the Division believes the Golden Eagle permit also expires on January 25, 1994, and has proceeded with this understanding. Permit renewal applications for both mines have been filed with the Division, and the Division is. reviewing the applications. Basin anticipates that the Division will issue a proposed decision approving the permit renewals shortly before the Boards next scheduled hearing on January.26, 1994. .AS explained more.tu•11y in the Meanq~andum in support of. Basins :Petition," therey~~ some: uncerta"3:nty in the wording of the regulations whether the Division's decision should be considered a proposed decision or a final decision. if the former, which is the position taken by the Division, under the regulations there is a period following the proposed decision during which interested persons may request a formal hearing to argue against approval of the permit renewals. If no other person requests a hearing, or if a hearing is held, but the Board upholds the Division's proposed decision, the permit renewal is made final after those steps are completed. If the latter interpretation of the regulations is correct, the Division's initial decision would be final and would become the effective date of the permit, but the final decision would be subject to challenge in a subsequent hearing. While the procedural steps that follow the decision would be the same in either case, under the Division's current understanding, Basin must cease operations at both mines pending completion of the administrative process. Basin requests that the Board grant temporary relief to Basin, in the form of an extension of the current permits, until a final decision on renewal is made by the Division. This request is made pursuant to Rule 2.07.4(3)(d), which is as follows: (d) When a formal hearing is requested, the Board may grant such temporary relief as it deems appropriate pending final determination of the proceedings if: