Laserfiche WebLink
999 <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Namial Resources <br /> <br />1313 Sherman 51 . Room 275 ~ <br />Denver. Colorado 80203 ~~~~ <br />Phone: 0071 8663567 <br />FAX: (3071 83 2 81 06 <br /> DEPARTMENT OF <br /> NATURAL <br />March 24, 1994 RESOURCES <br /> Roy Roma <br />Mr. Robert F. T. Krassa c°"""°` <br />4888 Pearl East Circle Suite 202 W Ken solo:ar <br /> f aeculire Dveclor <br />BOUlder, CO 80301 nt~chael8 LonX <br /> Drvivon Dneuor <br />RE: Responses to Letters of February 22, 1994 and February 24, 1994, <br />Basin Resources, Inc., The Golden Eagle Mine, Permit No. C-81-013 <br />Dear Mr. IGassa: <br />On February 23, 1994, the Division received your letter dated February 22, 1994 pertaining <br />to the Division's January 21, 1994 proposed decision to renew the Golden Eagle Mine <br />permit. On February 28, 1994, the Division received your supplementary comments <br />contained in a letter dated February 25, 1994. We thank you for your continued <br />participation and cooperation in these proceedings. We'd like to take this opportunity to <br />respond. <br />Letter dated February 22, 1994 <br />1. We disagree that the application under review should not be considered a renewal <br />application. Section 34-33-109('n(d) of the Colorado Surface Coal Mining <br />Reclamation Act states "Application for a permit renewal shall be made at least one <br />hundred and eighty days prior [o the expiration of the existing permit". Its does not <br />say that failure to submit the renewal application 180 days or more prior to the <br />expiration date means the renewal application then becomes an application for a new <br />permit. <br />Section 34-33-109(7)(f) of the Act, however, does state "The holder of a valid permit <br />may continue surface mining operations under said permit, subject to <br />Section 34-33-123, beyond the expiration date until a final administrative decision on <br />renewal is rendered if a renewal application is received by the Division at least one <br />hundred and eighty days prior to the expiration date of the permit". As such, because <br />Basin Resources submitted its application to renew the Golden Eagle Mine permit less <br />than 180 days prior to January 25, 1994, the applicant would have lost the right to <br />continue surface mining operations beyond that date if the permit had not been <br />re-issued by that date and if temporary relief had not been granted to Basin Resources <br />pursuant to Rule 2.07.4. <br />2. We disagree that the Golden Eagle Permit Renewal Findings Document should be <br />revised to state that the right of an operator to access minerals through any given <br />