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Mr. Allen Sorenson, Division of Minerals and Geology <br />July 6, 2006 <br />Page 2 <br />Henderson's regulatory location is in Clear Creek County, which is where Henderson's primary business <br />offices are located. <br />2) The same substantive information was provided to Grand County that was <br />published in Clear Creek County. <br />Copies of the notice provided to Grand County and the notice that was published in the Clear Creek <br />Courant are attached. A review of these notices shows that they contain the same substantive <br />information. There is no basis far Mr. Dolan to assert that the notice provided to Grand County "differs <br />materially" from the notice published in Clear Creek County. <br />3) A public hearing regarding Amendment AM-OS before the Grand County <br />commissioners would usurp the authority of Mined Land Reclamation Board("MLRB"). <br />The last paragraph of Mr. Dolan's letter appears to suggest that the MLRB endorse some type of public <br />hearing about Amendment AM-OS before the Grand County commissioners. State statutes are clear that <br />the MLRB has exclusive authority to issue reclamation permits, set reclamation standards, and require <br />performance or financial warranties for mining operations. C.R.S. §34-32-109(li). The procedures for the <br />MLRB to exercise its authority are clearly presented in the Colorado Mined Land Reclamation Act, and in <br />the MLRB's own rules. Nowhere is it contemplated that, as Mr. Dolan seems to propose, a county <br />commissioner public hearing would be part of the reclamation permit approval process. The MLRB would <br />improperly delegate a portion of its exclusive authority to the county if it agreed to this request. <br />In conclusion, there is no substantive or procedural merit to Mr. Dolan's letter, and there is no legal basis <br />for a hearing before the MLRB on the assertions made therein. Climax requests that the DMG approve <br />Amendment AM-OS without further delay. Construction must commence soon if the interceptor ditch <br />contemplated by the Amendment is to be built within this construction season, and contracts for the <br />construction have already been issued. <br />Sin~cere~ly~,/ <br />Bryce Romig <br />Environmental Manager <br />Climax Molybdenum Company <br />