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Castilla Canty Cnservancy District 401 Church Place Post Office Box 42 San Luis, Colorado 81152 719-672-3213 • Fax 672-0140 Atm. Bruce Humphries Colorado Division of Minerals end Geology 1313 Sherman St, Room 215 Denver, Colorado 80203 Re: Request for Copies of public Records This is a request for documents pursuan[ to the Colorado Open Records Act. 11/30/98 On behalf of the Costilla County Conservancy District (CCCD), we would hke copies of the follo~ing documeaU or materials associated with Battle Mountain Gold's San Luis Project, permit No. M-8 -112: l) A report prepared by Battle Mountain Resources, Inc. titled Dated November 1998. 2) A report prepared far Battle Mountain Resourua, Inc by John C. Halepaska 6: Ina., titled IR-15 Response Plan• Suilgmemal Monitoring at West Pit BMA Dais Project Peanit No. M-88-112. Dated September 1998. In accord with the Open Records Act, I expect a response to this request within rhrec working day . C.RS. §§ 24.72-203(3). If you will not provide copies of the records I have requesttd, please immediately provide a written statemrnt of your grounds for denying access. Your denial should cite the law on regulation under which you have denied address. C.R.S. § 24-72-204(4). If the requested records ~e not in your custody or control, please inform me immediately why you do not have custody or control f the records. C.RS. § 24-7L-203(2). We are malting this formal request because less formal approaches have failed to provide this imp t information in a timely manner. We understand that BMG may appear in front of the MLRB on D cember 16 for a violation hearing. The subject matter of this possible violation is addressed in these dot ears, The Cos[ille County Conservmry District is an objector to this project with a direct interest in the mlamation of BMRI•s San Luis Project. How can we be expected to understood the implicati s of recent developments at the Sao Luis Proleet, sad respond [actually, when we are being devie ^ceess the [acts of th4 mattert Not only hove we been dented reasonable notification about the ong ing events, but we have put great eRort Into obaialag this information, to no Quail. We have req ested this informattoo oa 3 occasions to date. Specifically, I Raveled m Denver and visited your o[ices on November 17 and 18, 1998. [ reviewe many of the Division's files on this project. 1 did review the files on Technical Revision 15, but these do uments requested were not in the files because ]im Dillie was using them. Oa November l8°, before lea iag, I asked Jim DBIk to forward the CCCD copies of these documents as soon as they were avolla Ie. Last week I called Jim Dillie and specifically requested these documrnts again. On November 30"' I to d with Jim Stevens and once again requested this information. Mr. Stevens indicated that Mr. Dillie was ut of the office and that he would try to find this information for us, but he qualified his response stating tha he was very bury with other projects end couldn't guarantee a quick response. At this time we slit! bave riot received the requested information. We need this information immediately! The CCCD will aaalyu the requested documents with the goal of helping the public understand [ho Division 's decision-making praess relating to BMRI's San Luis Project. It is necessary that we ¢ave this informattoo to allow for a:pert revie.r. without ^ very prompt respoaae from your o~cd we will not be able to do so is a Rmely manner. The requested documents are no[ in the public domain, ahd no MACLOtRO C MARTINEZ. PRESIDENT • JOE GALLL[Jtri. SECRETARY • EARL "ALOPI. TREASURER APPRAISLRS: CARLOS ATENCIO • LEANDRO MART[N FZ • JOE C •9ALPAN[x)