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34-33-119. Permit application decisions of the office - appeals. <br />Any person with an interest which may be adversely affected by the proposed decision may <br />request a formal hearing before the board on the proposed decision. <br />The Colorado Regulations: <br />2.07 Public participation and approval of permit applications. <br />(5) Any person having an interest which is or may be adversely affected by a decision of the <br />Division regarding the proposed surface coal mining operation, or the officer or head of any <br />Federal, State, or local government agency or authority, shall have the right to submit written <br />objections to or comments upon the initial or revised application for a permit, permit revision or <br />permit renewal, to the Division within 30 days after the last publication of the above notice. <br />(3) Formal hearing by the Board. <br />(a) Any person with an interest which may be adversely affected by <br />the proposed decision may request a formal hearing before the <br />Board on the proposed decision. <br />The Colorado Act declares in Section 34-33-102, "It is the further intent of the general assembly <br />by the enactment of this article to protect society and the environment from the adverse effects of <br />surface coal mining operations, assure that the rights of surface landowners and other persons <br />with a legal interest in the land or appurtenances thereto are fully protected from such <br />operations." <br />We recognize that the failure to make royalty payments itself is a matter outside the jurisdiction <br />of the regulatory authority. <br />Please respond as directed in 30 CFR 842.11 within ten business days by taking appropriate <br />action to cause the violation to be corrected or to show good cause for such failure. Appropriate <br />action and good cause are explained in 30 CFR 842.11(b)(3) and (4). <br />If you have any questions or require additional time to respond, please contact me at (303) 293- <br />5025. <br />Sincere <br />Elizabeth Shaeffer <br />Environmental Protection Specialist <br />Denver Field Division <br />Enclosures