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State of Colorado <br />April 7, 1993 <br />Page 3 <br />12. Failure to fulfill the requirements of C.R.S. § 34-32- <br />109(6), by failing to comply with county regulations regarding <br />building permits; <br />13. Failure to submit and maintain a complete permit <br />application: C.R.S. § 34-32-109. <br />In addition, based on information provided to Mr. Gerity by <br />Las Animas County, Basin Resources has also failed to comply with <br />all applicable county regulations. Las Animas County has approved <br />a number of subdivisions which overlie the projected coal mine. <br />Coal mining is incompatible with this surface use for any area for <br />which Basin does not have a current, valid county special use <br />permit. <br />It is our position that such numerous, and often continuing, <br />violations of the terms and provisions of Basin's Mine Permit <br />require the invocation and enforcement of C.R.S. § 34-s3-123(7j: <br />When the office determines that a pattern of violations <br />of a:.y ra:.uiremants of tt'ii5 artiClE Or any permlt <br />conditions required by this article exists or has existed <br />and that such violations are caused by the unwarranted <br />failure of the permittee to comply with any requirements <br />of this article or any permit conditions or that such <br />violations are willfully caused by the permittee, the <br />office shall forthwith issue an order to the permittee to <br />show cause why the permit should not be suspendeo or <br />revoked and shall provide opportunity for a public <br />hearing before the board to be held in accordance with § <br />34-33-124 and pursuant to such rules and regulations the <br />board may adopt. <br />(1984 Repl. Vol. 14 and Cum. Supp. 1992)(emphasis added). <br />In addition, we request that Basin be ordered to cease <br />operations at the Golden Eagle Mine immediately under C.R.S. § 34- <br />33-121, Surface effects of underground coal mining, subsection (3) <br />(1984 Repl. Vol. 14 & Cum. Supp. 1992): <br />In order to protect the stability of the affected land, <br />the office, after consultation with the operator and the <br />office of active and inactive mines, shall order an <br />immediate cessation of those portions of underground coal <br />mining activities which are found in violation of § 34- <br />24-109 or § 34-48-102 or which are adjacent to permanent <br />streams if the office finds an imminent danger to the <br />inhabitants of urbanized areas, cities, towns, and <br />communities. <br />Kr¢ssa, G'ndhalm, Kimli & M1faJscn <br />