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(i) All parties to the proceedings have been <br />notified and given an opportunity to be heard <br />on a request for temporary relief; <br />(ii) The person requesting such relief shows <br />that there is substantial likelihood that he <br />will prevail on the merits in the final <br />determination of the proceeding; <br />(iii) Such relief shall not adversely affect <br />the public health or safety or cause <br />significant environmental harm to land, air or <br />water resources; and' <br />(iv) The relief sought is not the issuance of <br />a permit where a permit has been denied, in <br />whole or in part by the Division. <br />Basin requests that the .Board allow Basin to operate under the <br />current New Elk and Golden Eagle permits until the permit renewals <br />are either issued in final form, or denied. Thus, the relief <br />requested would continue until hearings are held, and the permits <br />finally issued or denied. <br />Basin can demonstrate each of the above requirements necessary <br />in order. for the :Board to grant such temporary rel-ief, as follows:. <br />(i) Basin and the Division are the only parties to the <br />proceedings, in the same manner as they are the only parties to the <br />Petition for Declaratory Relief already requested by Basin. The <br />Division is notified by copy of this Request, and has an <br />opportunity to respond to the Request at the Board hearing on <br />January 26. No other person has commented on the permit <br />applications to date, or requested that the Division hold an <br />informal conference during the period of permit review established <br />for that purpose. Therefore, in Basin's opinion there are no <br />additional "parties" to this proceeding at this time. Nonetheless, <br />Basin has notified Las Animas County, Raton West-Baldwin Ltd., and <br />James Tatum of this request, by copy of this document, and informed <br />them that Basin believes that, while they are not yet "parties", <br />they are interested persons. Basin also invited each of them to <br />respond to this request if they desire. <br />As indicated in the Memorandum in Support of the Petition, <br />which is incorporated into this Request, the underground mining <br />that would occur during the period of this temporary relief will <br />take place under Basin's surface. Thus, no third party surface <br />owners will have any rights or property affected by the temporary <br />relief sought. <br />(ii) There is a substantial likelihood that Basin will <br />-2- <br />