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iiiiiiiiiiiiiiuiu 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmenr of Natural Resources 7 313 Sherman St., Room 215 I`~~ Denver, Colorado 80203 I Phone: 13031 866-3567 FA%:1303)832-8106 DEPARTMENT C April 12, 1994 RESOiJ2CF Roy Romer Mr. RObert F. T. ICrassa eove~ror 4888 Pearl Fast Circle Suite 202 W Ken 5alaiar Execmive Direcmr Boulder, CO 80301 Mirhael B Long Di.ision Direcmr RE: Responses to Letters of Febnrary 22, 1994 and February 24, 1994, Basin Resources, Inc., The Golden Pagle Mine, Permit No. C-81-013 Dear Mr. ICrassa: On February 23, 1994, the Division received your letter dated Febnrary 22, 1994 pertaining to the Division's January 21, 1994 proposed decision to renew the Golden Fagle Mine permit. On February 28, 1994, the Division received your supplementary comments contained in a letter dated February 25, 1994. We thank you for your continued participation and cooperation in these proceedings. VJe'd like to take this opportunity to respond. Letter dated February 22. 1994 R7e disagree that the application under review should not be considered a renewal application. Section 34-33-109('7)(d) of the Colorado Surface Coal Mining Reclamation Aet states "Application for a permit renewal shall be made at least one hundred and eighty days prior to the expiration of the existing permit". Its does not say that failure to submit the renewal application 180 days or more prior to the expiration date means the renewal application then becomes an application for a new permit. Section 34-33-109(7)(f) of the Act, however, does state "The holder of a valid permit may continue surface mining operations under said permit, subject to Section 34-33-123, beyond the expiration date until a final administrative decision on renewal is rendered if a renewal application is received by the Division at least one hundred and eighty days prior to the expiration date of the permit". As such, because Basin Resourczs submitted its application to renew the Golden Fagle Mine permit less than 180 days prior to January 25, 1994, the applicant would have lost the right to continue surface mining operations beyond that date if the permit had not been re-issued by that date and if temporary relief had not been granted to Basin Resources pursuant to Rule 2.07.4. We disagree that the Golden Pagle Permit Renewal Findings Document should be revised to state that the right of an operator to access minerals through any given