2008-05-13_REVISION - M1988112 ‎(7)‎

• Permit No: M1988112
• IBM Index Class Name: REVISION
• Doc Date: 5/13/2008
• Doc Name: Extended Decision Date, Pre-hearing Conference and Formal Board Hearing
• From: DRMS
• To: Parties and Interested Persons
• Type & Sequence: AM3
• Email Name: WHE
• Media Type: D
• Archive: No

STATE OF COLD !DC
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
~~, ~~~~~
C O L O~ RA D O
D IV
f

Phone: [phone] IS
O~N OF
RECLAtitATION
FAX: [phone] MAY 16 2008 MINING
L
May 13, 2008 Divtslorl ~~ i~ecfGmation, SAFE
TY
Mining and Safety
Notice to Parties and Interested Persons and Ritter, Jr.
Governor
'~ Harris D. Sherman
RE: Extended Decision Date, Pre-hearing Conference and Executive Director
Formal Board Hearing, Battle~Mountain Resources, Inc., ~
Ronald W. Cattany
Amendment No. 3 (AM-03)~San Luis Project, Permit No. M-1988-112 Division Director
Natural Resource Trustee
Dear Party and/or Interested Person: ~~
On Ma 12,
y 2008, the Division received a request from Battle Mountain Resources (the Applicant), to,
extend the decision date for AM-03. Pursuant to Rule 1.4.1(9) of the Mineral Rules and Regulations of
the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations
(the Rules or Rule), the Division has approved the request for extension.
Due to the extension request, the Formal Board Hearing previously scheduled for June 11-12, 2008, ,and
the Pre-hearing Conference previously scheduled for May 28, 2008, has been vacated and new date's
will be set in the future.
At this time the extension is open-ended. Pursuant to Rule 1.8.1(6), a new decision date will be
determined within five working days after the Division receives the Applicant's response to the adequacy
issues raised by the Division. If the Division determines that the Applicant's response results in only
minor changes to the plans proposed in AM-03, the response will be processed as a Technical Revision
as defined by Rule 1.1(52). In that case, pursuant to Rule 1.8.4(1), the decision date will be extended
not less than twenty days after the filing date of the Technical Revision. However, if the Applicant's
response represents a significant change to AM-03, the response shall constitute an Amendment, as
defined by Rule 1.1(6). An Amendment requires a substantial review period, which includes public !
notices and a public comment period similar to the original filing of AM-03.
As explained above, the new dates for consideration of AM-03 depend upon the nature of the Applicant's
response to the adequacy issues raised by the Division. Pursuant to Rule 1.6.1, the Division shall ~
provide timely notice of the new decision date, and the new dates, times and locations for the Pre-
hearing Conference and Formal Board Hearing, to the public and all parties and interested persons as
soon as such dates are determined. I
Please contact me at the Division's office in Durango at 701 Camino del Rio, Roorn 315, Durango, CO
81301, phone [phone], if you have any questions.
Sincq~e~~~ /~
Wallace H. Erickson
Environmental Protection Specialist
Enclosure: Certificate of Service
cc w/enclosure: The Honorable Gail Schwartz
Office of Office of
Mined Land Reclamation Denver Grand Junction Durango Active and lmactive fvtines