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Mr. Robert F. T. Krassa - 9 - July 26, 1993 <br />22. When Permit Revision PR-Ol was approved in 1990, the Division found at <br />that time that the operator was in compliance with all appropriate <br />statutes and regulations. Please be more specific as to why Mr. Baldwin <br />believes Basin Resources has failed to comply with C.R.S. 34-33-111(1)(m), <br />34-33-121(Z>(i), Rule 2.05.6(3) and Rule 4.20.4. <br />23. Section 34-32-111(1)(b) requires that permit applications contain a <br />statement of the condition of the land to be covered by the permit prior <br />to any surface coal mining operations. This can be found on <br />pages 2.04.1-2.04.3 of the application. <br />24. Examination of the permit application shows that information required <br />under Regulation 2.03.6, Right of Entry, was not present during your <br />review of our files. However, it appears that it was during the <br />Permit Revision review process. This information is now in the permit <br />application. <br />25. Section 34-32-109(6) applies to minerals, and not coal, as explained in <br />34-32-102 and 34-32-103(7). County building permits are the jurisdiction <br />of the county, not the state. <br />26. Section 34-32-109 applies to minerals and not coal, as explained in item <br />no. 25. <br />27. The Division does not have jurisdiction over county matters. <br />28. Only if an operator is found in violation of Sections 34-29-125, <br />34-29-128, or 34-48-102 would the Division consider issuing a <br />Cessation Order for those sections of the mine that were found to be out <br />of compliance. As yet, the operator has not been found in violation of <br />these particular statutes. <br />Additionally, the Division does not believe that portions of this <br />operation situated adjacent to permanent streams pose an imminent danger <br />to the inhabitants of urbanized areas, cities, towns and communities. <br />Please contact me if you have questions or comments. <br />Sincerely, <br />~~~~~~ <br />Daniel I. Hernandez <br />Senior Reclamation Specialist <br />DIH/ern <br />cc: Jim Pendleton <br />tSteve Renner <br />Basin Resources <br />8044E <br />