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WESTERN MINING ACTION PROJECT <br />Roger Flynn, Esq., <br />Jeffrey C. Parsons, Esq. <br />P.O. Box 349 <br />440 Main Street, Suite 2 <br />Lyons, CO 80540 <br />(303) 823-5738 <br />Fax (303) 823-5732 <br />wmap(a)igc.org <br />Via Email (Daniel.hemandez(a),state.co.us), hard copy to follow via U.S. Mail <br />October 24, 2008 <br />Mr. Daniel Hernandez <br />Pre-Hearing Conference Officer <br />Division of Reclamation Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Statement of Issues identified at Pre-Hearing Conference; <br />CC&V Amendment 9 application (Permit # M-1980-244) <br />Dear Mr. Hernandez: <br />Thank you for conducting the Pre-Hearing Conference in this matter on October 23, <br />2008. As requested at the Conference, please find below a statement of the issues raised by <br />Citizens for Victor, Sierra Club, and INFORM (collectively "commenters") and identified at the <br />Pre-Hearing Conference that have not yet been resolved. All other issues raised by commenters <br />have been resolved, and commenters hope to work with the Applicant and/or DRMS prior to the <br />Board hearing to also resolve these additional issues. <br />1. Whether the Applicant has properly bonded for the Carlton Tunnel ponds to ensure long- <br />term water quality protection. <br />2. Whether the Applicant should be required to include a long-term/post-closure ground water <br />quality monitoring plan to ensure that long-term hydrologic and geochemical conditions in <br />affected groundwater are consistent with the long-term predictions contained in the Application. <br />3. Whether the DRMS should require a reclamation and backfilling plan for the North Cresson <br />area, consistent with the Applicant's new legal obligations to the City of Cripple Creek and <br />Teller County, prior to approval of Amendment # 9 rather than post approval, or, if not required <br />at this time, whether the future submission of such a plan would be subject to public notice and <br />comment as a permit amendment rather than a technical revision. <br />Please do not hesitate to contact me at the number above at any time.