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~~ o <br />STATE OF <br />LORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />i373 Sherman SL, Room 275 <br />Denver, Colorado 80203 <br />Phone; (303) 866-3567 <br />FAX: (303) 832-8106 <br />May 4, 2007 <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- Sc- <br />SAFETY <br />RECEIVED Bill Owens <br />Mr. William Lyle Governor <br />Russell George <br />Battle Mountain Resources Inc. MAY 0 7'':.'UT Executive Dlrectw <br />P.O. Box 310 Division of Reclamation, Ronald W. Cattany <br />San Luis, CO 81152-0310 Mining and Safety Division Director <br />Natural Resource Trustee <br />RE: Preliminary Adequacy~lssues~f~a 112d Amendment Application, ("- <br />Amendment No. 02 (AM-02), San Luis Project; Permit No. M-1988-112. <br />Dear Mr. Lyle: <br />Please be advised that AM-02 may be deemed inadequate and may be denied on May 12, 2007 <br />unless the following adequacy review items can be addressed to the satisfaction of the Division <br />of Reclamation, Mining, and Safety (DRMS). The DRMS considers these adequacy issues to <br />be preliminary. Subsequent to receipt and review of the Applicant's response to these <br />preliminary issues, the DRMS may identify additional adequacy issues of a more technical <br />nature. <br />1. On January 26, 2000, the DRMS approved an acreage reduction request (AR-01), which <br />removed 399 acres from the permit, resulting in a total permit area of 1801 acres. DRMS <br />records indicate no modifications to the permit acreage since AR-01. However, on page one of <br />the application form, the current permit area is represented as 2200 acres. Please clarify the <br />apparent discrepancy in acreage figures and submit a new application form with correct acreage <br />figures. <br />2. Exhibit A, Legal Description, indicates that the amended permit area will include 1861.36 <br />acres. However, the tract of land described under paragraph A2 of Exhibit A appears to exclude <br />35.14 acres, resulting in a total permit area of 1826.22 acres. Please clarify the total permit <br />acreage requested under AM-02. <br />3. Please clarify whether the 35.14 acres described in paragraph A2 of Exhibit A is the <br />same 35.14 acres shown as being excluded from Figure C-1, Site Plan; Figure F-1, Mine Site <br />Reclamation; and Figure 3, Existing and Revised Permit Boundaries. Please clarify why the <br />35.14 acre exclusion is not also shown on Figure F-4, Revised Tailings Reclamation; and Figure <br />F-5, Reclamation Plan for Roads and Pipelines. Please ensure that permit boundaries and <br />permit acreage figures are consistent throughout AM-02. Please ensure that all text and maps <br />for AM-02 clearly indicate consistent acreage figures. <br />4. The application form indicates that through AM-02 the Applicant intends to remove 339 <br />acres from the permit area. Please note that requests for acreage reductions are appropriately <br />submitted in accordance with the requirements of Rule 4.17, but are inappropriately placed <br />within AM-02. Pursuant to Rule 1.1(6), "Amendment" means a change in the permit or an <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />