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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 />October 9, 2008 <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <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 />Notice to Parties and Interested Persons to the Cripple Creek & Victor Mining Co. Amendment # 9 <br />Application <br />Re: Notice of Pre- Hearing Conference and Notice of Formal Public Hearing <br />For the Cresson Project, Amendment # 9, Permit # M 1980-244. t-? <br />Dear Party: <br />The Colorado Division of Reclamation Mining and Safety (Division) has received timely written <br />objections to the Amendment #9 application for the Cresson Project, Permit # M-1980-244. All comments <br />and objections have been forwarded to Cripple Creek & Victor Mining Co. In accordance with Rule 2.7.1 of <br />the Minerals Rules and Regulations of The Colorado Mined Land Reclamation Board for Hard Rock Metal <br />and Designated Mining Operations (Rules), a Pre- Hearing Conference has been scheduled to occur on <br />Thursday, October 23, 2008, beginning at 1: 00 p.m. at the Victor Elks Club located at 367 North 3rd <br />Avenue, Victor, Colorado 80860. Parties wishing to participate at the Formal Hearing must be <br />present; failure to appear at the Pre-Hearing conference will result in the loss of Party status. Parties <br />whose issues have been resolved, or no longer wish to participate in the proceedings, are encouraged to <br />submit a formal party withdrawal form with the Division. A party may attend the Pre-Hearing <br />Conference via telephone, if such a request is made in writing to the Pre-hearing Conference Officer at least <br />(5) working days, or less for a good cause shown, prior to the Pre-hearing Conference date. Upon approval <br />to appear by phone, the requesting party will be provided the call in number for the conference. <br />Mr. Daniel Hernandez will be the Pre-Hearing Conference Officer. The purpose of the Pre-Hearing <br />Conference is to describe the Division's review process, to explain the rights and responsibilities of the <br />parties, to discuss and resolve issues to the extent possible, to describe the Board Hearing process, to <br />determine the list of issues under the Board's jurisdiction and to simplify the list, and to determine who has <br />demonstrated standing to be party to the Formal Board Hearing. Please note, pursuant to Rule 2.6 (2), <br />parties are required to provide thirteen (13) 3-hole punched copies of their list of potential witnesses <br />and their exhibits at the Pre-Hearing Conference. Failure to do so may preclude use of witness <br />testimony or exhibits at the Formal Public Hearing. <br />In addition, the Division has scheduled the matter for a Formal Public Hearing before the Colorado <br />Mined Land Reclamation Board during the November 13 and 14 Board meeting, held at the Double <br />Eagle Hotel and Casino, Conference Room 442, East Bennett Ave, Cripple Creek, CO 80813. The <br />meeting will begin at 10:00 a.m. each day or as soon thereafter as the matter can be considered. Parties and <br />interested persons will have the opportunity to be heard. Decisions reached by the Pre-hearing Conference <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction t Durango Active and Inactive Mines