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IIIIIIIIIIIIIIIIIII ~ ~ N~ -~~ - ,l~~.P~ ~~~'~~ <br />. ~' .-.~ z~~ ~- ,. <br />P.IRCEL MAURO PC <br />ATTORNEYS AT LAW \ <br />SUITE J600 <br />//~~'' IBOI CALIFORNIA STREET <br />~~~ DENVER, COLORADO 802022636 \~ <br />U ~~ TELEPHONE 130]1 292-6900 1~' <br />~\/ -\\~ TELECOPIER 0031 296~]OAO ~~ `~ n Q,Ito DIRECT DIAL <br />DEAN R. MASSEY °~(~- ~ ~ EMAIL oMASSC~VARCELMAORO.coM , ,w~p`-\`N,(\'y'pAJ ~f Y\ (303) 293-6509 <br />~\ ~'-c'~~~~December 15, 1998 (~~ <br />ViA FACSIMILE TRANSMISSION. ~/' _ a~ yV~ <br />HARD COPY VIA MESSENGER \~~ U`7` <br />Mr. Mike Long <br />Director <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver. CO 80202 <br />Re: Battle Mountain Resources, Inc. (BMRI) <br />San Luis Mine, CMLRB Permit No. M-88-112 <br />Dear Mr. Long: <br />~=l1JED ' <br />c~c _ - .~~ ~"- <br />_I I~~~a <br />~.~ o; !.hrerals d Geobgy ~ 1'~lyr'~ <br />~,~} ` ~;1 <br />~~ ~`~ ~ ~ <br />On November 25 1998 my client, BMRI, forwazded you a letter requesti~tg that an'tem be <br />scheduled on the agenda for the December Board meeting regazding the TDS proble(n which BMRI has <br />identified at the site and the Response Plan submitted by BMRI as required by TR-l5. II In that letter BMRI <br />indicated its intention to waive the required notice period in order to accomodate a h~aring and issuance <br />of a mutually agreeable order. Since that letter, your office has communicated its c ncurrence with the <br />proposed Response Plan and BMRI has been diligently implementing the plan in the f~eld. Very recently, <br />your office has also received additional comments from third parties which, in faimes should considered. <br />Finally, as we discussed, neither your office nor BMRI has been able to discuss the ctt~rent Response Plan <br />with the Colorado Department of Public Health and Environment as contemplated in BMRI's November <br />2~ letter. For these reasons B1~?RI has a~~thnrized me to ~vithdra~.v its November ~5 request and the <br />proposed waiver of public notice for the December hearing and request that the matt~r be noticed for the <br />January meeting of the CMLRB. <br />I would reiterate BMRI's intention to continue diligent implementation of thq' Response 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 />~~ <br />Dean .Massey <br />ATTORNEYS FOR BATTLE MOUNTAIN <br />RESOURCES, INC. <br />