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` 05i10~00 <br />14:49 LAND 8 WATER FUND OF THE ROCKIES a 3038328106 <br />WESTERN MINING ACTION PROJECT <br />2260 Baseline Rd., Suite IOTA <br />Botilder, CO 80302 <br />(303) 473-9618 <br />Fax (303) 786-8054 <br />wmap@igc.org <br />Via Fax - Hardcopy to Follow By Mail <br />May 10, 2000 <br />Mr. $erhan Keffelew <br />Colorado Division of Minerals and Geology (DMG) <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: O~ection to Cripple Creek & Victor Amendment #8 <br />Dear Mr. Keffelew: <br />N0.853 D02 <br />III IIIIIIIIIIIIIIII <br />sss <br />This document constitutes the formal objection by the Citizens for Victor! (CFV) to the <br />Application for Amendment #8 to Permit #M-80-244 submitted on or about March 24, 2000, by <br />the Cripple Creek & Victor Gold Mining Company (CC&V)/AngloGold. The following issues <br />are raised in objection to the approval of. the ?application by the Division of Minerals and <br />Geology/Office of Mined Land Reclamation (DMG) and/or the Colorado Mined Land <br />Reclamation $oard (I~II.RB). CFV reserves the right w submit additional comments, issues, and <br />evidence is the fume or in response to any future submittals by CCBcV or any other pazry, other <br />objections to (or support of) the Application, aziy documents in the possession of or <br />communications generated by the DMG, and any other relevant material. <br />Overall, the Amendment Application violates several provisions of the Colorado Mined Land <br />Reclamation Act, MLRB Rules, and DMG policy. As such, it cannot be legally approved by the <br />DMG/IvII-RB. Under Colorado law, the burden of proof squarely rests span CCAV to prove that <br />each and every legal requirement has been met. "The proponent of an order shall have the burden <br />of proof...." CRS 24-4-105(7). The Mined Land Act specifically requires the applicant to <br />"demonsttate compliance" with all requirements, including all MLRB Rules. CRS 34-32-1 l5(4). <br />The Application for Amendment #8 fails to meet these tests. <br />The following issues must be satisfactorily addressed before the Amendment Application can <br />proceed. <br />I. Failure to Submit an Adeqoate Eaviroameatsl Protection Plsn (EPP) and Meet the <br />Perfot'wsnce and Reclamation Standards of the Mined Land Act <br />The Application fails to comply with the analysis and environmental protection standards in the <br />Act and MLRS Rules, MLRB Rule 6 throughout, and Rule 6.4.20 in particular. Rule 6, and the <br />