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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 ~ECENED <br />FAX: (303) 832-8106 <br />FED ~ ~ 2ooa <br />Division of reclamation, <br />Nfining and Safety <br />February 13, 2008 <br />V <br />To: Parties to the Whirlwind Mine, New 112d DMO Application. / <br />Re: Notice of Forma,~ublic Hearing for the Whirlwind Mine, New 112D Permit, <br />No. M-2007-044; Rationale for Recommendation for Approval over Objections <br />Dear Party: <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAF ETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Colorado Division of Reclamation, Mining and Safety (Division) has received timely written <br />objection to the application fora 112d permit for the Whirlwind Mine, as named above. Comments and <br />objections have been forwarded to Energy Fuels Resources representative, Frank Filas, as well as his <br />consultant Greg Lewicki. <br />Therefore, in accordance with Rule 2.7.1 of the Minerals Rules and Regulations of the Colorado Mined <br />Land Reclamation Board, aPre-hearing Conference has been scheduled to occur on Wednesday <br />February 20, 2008, beginning at 1:00 p.m. Those wishing to participate must be present at the Division <br />of Reclamation, Mining, and Safety, 1313 Sherman Street (located at the corner of 13th and Sherman <br />Streets), Room 318 in Denver, Colorado. Failure to participate in the Pre-hearing Conference will result <br />in the loss of your party status. <br />Mr. Dan Hernandez will preside as the Pre-hearing Conference Officer. The purpose of the Pre-hearing <br />Conference is to describe the Office's review process, to explain the rights and responsibilities of <br />parties, to discuss and resolve issues to the extent possible, to describe the Board Hearing processes, to <br />determine the list of issues under the Board's jurisdiction and to simplify the list, and to determine who <br />has demonstrated standing to be a party to the Formal Board Hearing. <br />Please be reminded that all witness and exhibit lists are required to be submitted at the time of the <br />Pre-HearinE Meetinzr of February 20, 2008. <br />After the conference the Pre-hearing Conference Officer shall cause to be drafted aPre-hearing Order. <br />The Pre-hearing Order will be mailed to all parties within 10 working days after the conference and will <br />contain a list of the parties, provide a recommended list of issues to be considered by the Board, and <br />outline a schedule for the hearing with time allotments set for presentations by each party and the Office. <br />Staff has scheduled the matter for Formal Public Hearing before the Colorado Mined Land Reclamation <br />Board. The hearing on this new application for the Pheasant Run Gravel Pit will occur during the March <br />12-13, 2008 Board meeting at 1313 Sherman St., Room 318, Denver, Colorado. The meeting will begin <br />at 9:00 a.m. on March 12 or as soon thereafter as the matter can be considered. Parties and interested <br />persons will have the opportunity to be heard. Decisions reached by the Pre-hearing Conference Officer <br />Office of <br />Mined Land Reclamation Office of <br />Denver Grand Junction Durango Active and Inactive Mines <br />