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iii iiiiiiiiiiiu iii <br />999 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />ORDER GRANTING TEMPORARY RELIEF <br />BASIN RESOURCES, INC., <br />Petitioner. <br />This matter comes before the Board upon a request for a <br />formal hearing, and request for temporary relief filed by Basin <br />Resources, Inc. (Basin). The Board hereby grants the petition <br />for the reasons listed below: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Basin conducts underground coal mining operations at <br />the New Elk and Golden Eagle Mines in Las Animas County, pursuant <br />to permits C-81-012 and C-81-013, respectively. <br />2. On January 24, 1989, both of the permits were renewed <br />by the Division of Minerals and Geology (Division) for five-year <br />terms, each to expire on January 25, 1994. <br />3. Pursuant to Section 109(7)(f) of the Colorado Surface <br />Coal Mining Reclamation Act (Act), Section 34-33-109(7)(f) <br />C.R.S., and 2 CCR 407-2, Section 2.08.5(2)(f) (Rule), a coal per- <br />mittee submitting an application for a permit renewal 180 days <br />prior to the expiration of the permit may continue operations <br />under such permit until a final administrative decision on the <br />application for renewal is made. <br />4. Basin submitted applications for renewal of permits <br />C-81-012 and C-S1-013 to the Division in late August, 1993, less <br />than 180 days prior to the expiration dates of these permits. <br />5. The Division issued proposed decisions on January 25, <br />1994 on both of Basin's applications for permit renewals. The <br />proposed decisions would renew both of Basin's permits subject to <br />