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III IIIIIIIIIIIII III <br />999 <br />KRASSA, LINDHOLM, KUMLI & MADSEN <br />Sheyne M. Madsen <br />Karl F. Kumli, IB• <br />David C. Lindholm <br />Robes F. T. Kassa, P.C.•• <br />Robin A. Byers <br />Attorneys and Counselors at Law <br />Three Pearl Plaza -Wes[ Tower <br />4888 Pearl East Circle, Suite 202W <br />Boulder, Colorado 80301 <br />Telephone (303) 442-2156 <br />Facsimile (303) 443-3617 <br />Pueblo Office <br />1127 N. Eli~ebeth Si. <br />Pltcblo, Colondo81003 <br />~J19) SJ2-3945 <br />n l~ Si2-3947 fncvntile <br />Stephen C. Miller, P.C., Of Counsel <br />'Also Admitted to Practice in California <br />"ALso Admitted to Pracrice in Washington <br />February 22, 1994 <br />Please Dirrct Correspondence <br />to BouNer Office <br />RECF~ OFD <br />Mr. Michael B. Long VIA FAx 832-8106 FEB 23 )9yq <br />Director L'i~•i~;,, <br />Division of Minerals and Geology 'nr~r'~'ner~~, <br />1313 Sherman St., Room 215 `~~~:r;~ <br />Denver, CO 80203 <br />Re: Basin Resources/Rotors West Permit C-81-013 <br />COMMENTS CONCERNING PROPOSED DECISION <br />Dear Mr. Long, <br />This letter will serve to convey to the Division the comments <br />of my client, Raton West, concerning the "Proposed Decision and <br />Findings of Compliance for a Permit Renewal" concerning the Golden <br />Eagle Mine operated by Basin Resources, Inc., Permit C-81-o13, <br />dated January 21, 1994. As required, these comments are submitted <br />within 30 days of the January 26, 1994 initial publication of <br />notice concerning said proposed decision. <br />1. This is not a renewal application, because Basin did not <br />comply with CRS 34-33-109(7)(d) requiring application for <br />permit renewal to be made at least 180 days prior to <br />expiration of the existing permit. For .this reason, the <br />present application is subject to the full standards <br />applicable to new applications. The following additional <br />comments follow from this: <br />a. Since the previous permit expired in a matter which <br />involved the forfeiture of the right of renewal, <br />there are no longer any "valid rights existing as <br />of August 3, 1977," as set forth in Findings 4 and <br />5 on pages 9 and 10 of the Proposed Decision. <br />Basin Resources does not acquire any vested rights <br />at all in connection with the new permit. Findings <br />4 and 5 should either be deleted or corrected to <br />reflect this termination of "relation back" rights. <br />b We foresee problems with continuing to identify <br />the Golden Eagle permit as Permit C-81-013. As <br />the Right of Successive Renewal associated with <br />that permit number was forfeited, a new permit <br />Ruud a R.rX4d P,yr. <br />