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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 <br />FAX: (303) 832-8106 <br />September 2, 2008 <br />Mr. Gary Goodrich <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Manager Environmental Affairs Harris D. Sherman <br />Cripple Creek & Victor Gold Mining Co. Executive Director <br />P.O.Box 191 Ronald W. Cattany <br />Victor, Colorado 80860 Division Director <br />Natural Resource Trustee <br />Re: Request for a written 150 day decision waiver for Amendment # 9, File No. M-1980-244 <br />Dear Mr. Goodrich: <br />On August 28, 2008, while on site to conduct an inspection, with one of the objectors, you indicated that <br />CC&V anticipates responding to the Divisions initial adequacy comments no later than Friday September <br />12, 2008. In order to schedule the matter for the October 15-16 Mined Land Reclamation Board hearing <br />dates, the Division would have to review the responses, resolve all outstanding issues and send to all the <br />parties the Rational to recommend approval or denial of the Amendment application no later than Monday, <br />September 15, 2008. In addition, the Division would have to hold a pre-hearing conference pursuant to Rule <br />2.6. <br />Even if CC&V was able to adequately address all the issues raised by DRMS by the September 12th 2008 <br />date, it will be difficult, for Division Staff, to review the responses and recommend a decision in just three <br />days, which includes the weekend. Therefore, the Division requests CC&V, submit a written 150 day <br />decision waiver to allow the Division staff, adequate time to properly review and resolve all the issues. This <br />matter would likely be scheduled before the Mined Land Reclamation Board during the November 2008 <br />meeting dates. In the event a written waiver is not received by September 15, 2008, the Division will have <br />no choice but to recommend denial of the application based on the reasons cited above. If the Division <br />denies the amendment application, this matter would be scheduled, before the Mined Land Reclamation <br />Board for a Formal Public Hearing, during the October 15-16 Board dates. <br />If you have questions, please contact me at (303) 866-4072. <br />Sincerely, <br />Berhan Keffelew <br />Environmental Protection Specialist <br />CC: Tony Waldron via Email <br />David Berry via Email <br />Jeff Fugate via E mail <br />Dan Hernandez via E mail <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines