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~ iii iuiiiiiiiiiiiii ~ <br />999 <br />PARCEL MAURO PC <br />ATTORNEYS AT LAW <br />SMITE 3600 <br />I BOI CALIFORNIA STREET <br />DEN VER. COLORADO 00202-263fi <br />TELEPHONE 13031 292-6<00 <br />TELECOPIER' !(3,031 2953040 <br />DEAN R MASSEV E-MAIL: oHwss Er@PwncECNwuno.coH <br />December 15, 1998 <br />VIA FACSIMILE TRANSMISSION. <br />HARD COPY VIA MESSENGER <br />Mr. Mike Lone <br />r. !" <br />Director -~.e11,1E <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 ~ . 1~~Q <br />Denver, CO 80202 <br />bi~rerals ¢ Geobgy <br />Re: Battle Mountain Resources, Inc. (BMRI) <br />San Luis Mine, CMLRB Permit No. M-88-112 <br />Dear Mr. Long: <br />DIRECT DIAL <br />(3031293-6509 <br />On November 25 1998 my client, BMRl, forwazded you a letter requesting that an item be <br />scheduled on the agenda for the December Board meeting regazding the TDS problem which BMRI has <br />identitied at the site and the Response Plan submitted by BMRI as required by TR-15. In that letter BMRI <br />indicated its intention to waive the required notice period in order to accomodate a hearing and issuance <br />of a mutually agreeable order. Since that letter, your office has communicated its coptcurrence with the <br />proposed Response Plan and BMRI has been diligently implementing the plan in the fi@Id. Very recently, <br />your office has also received additional comments from third parties which, in fairness, should considered. <br />Finally, as we discussed, neither your office nor BMRI has been able to discuss the cuttent Response Plan <br />with the Colorado Department of Public Health and Environment as contemplated in >);MRI's November <br />2~ letter. For these reasons B14RI has a~~thorized me to withdra~.v its t~tovember 25 request and the <br />proposed waiver of public notice for the December hearing and request that the mattet be noticed for the <br />January meeting of the CMLRB. <br />I would reiterate BMRI's intention to continue diligent implementation of the ~Zesponse Plan and <br />to bring this matter to an expeditious and mutually acceptable resolution as soon as possible. Thank you. <br />Very truly yours, <br />PARCEL MAURO PC <br />Dean .Massey <br />ATTORNEYS FOR BATTLE MOUNTAIN <br />RESOURCES, INC. <br />