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<br />PARCEL, MAURO, HULTIN & SPAANSTRA <br />Mr. Steve Renner <br />January 25, 1989 <br />Page 2 <br />To be considered, such statements, objections, <br />protests, and petitions (hereinafter, the 'state- <br />ments') must be c_eceived at the offices of the <br />p.m. on the twentieth (20th) day (or the next work- <br />ing day) after the last date of publication re- <br />quired by Section 2.2.2(2). (emphasis added) <br />The deadline was clearly specified in the public: notice as <br />required by the regulations and in addition, your office gave <br />special notice to the objectors in a letter dated December Z3, <br />1988 in which you confirmed the deadline of January 5, 1989. We <br />believe that, pursuant to its own regulations, the Board is pre- <br />cluded from considering objections received by the Division after <br />the January 5 deadline in connection with its decision regarding <br />the above referenced permit application whether such deliberations <br />occur in the context of a regular Board meeting or a formal public <br />hearing. <br />We would request that this letter be included in the ad- <br />ministrative record of this proceeding. In addition, by this <br />letter, Battle Mountain asserts its intention to preserve all of <br />its rights under the Mined Land Reclamation Act C.R.S. 34-32-101 <br />et. sue., the regulations promulgated thereunder and other laws <br />and regulations applicable to this proceeding. We appreciate the <br />continuing cooperation of the Division and Board and look forward <br />to consideration and approval of the pending application at the <br />February 22-23 Board meeting. Thank you. <br />Very truly yours, <br />PARCEL, MAURO, HULTIN & SPAANSTRA <br />~ ) .~.A <br />Dean Mass <br />Attor e or Battle M ntain <br />Resources Inc. <br />DRM:d <br />cc: Walter Wise, Esq. <br />