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a <br />November 6, 2008 <br />Cripple Creek & Victor Gold Mining <br />A Joint Venture • ANGLOGOLD ASHANTI (COLORADO) CORP., Manager <br />Operations Office <br />P.O. Box 191 • 100 North 3'd Street <br />Victor, Colorado 80860 <br />(7191689-2977 - Fax (7191689-3254 <br />Jeff M. Fugate, Esq. <br />Assistant Attorney General <br />State of Colorado Attorney General Office <br />1525 Sherman Street, 71h Floor <br />Denver, CO 80203 <br /> <br />6' V 0 / 2008 <br />?6vlal?r: ? • - ??+?arr+agioet, <br />w('Vj v 1' <br />mis'on sand ?4 <br />V6rteo Re: Cripple Creek & Victor Gold Mining Company Amendment No. 9 - Mine <br />Life Extension (M-1980-244) <br />Dear Jeff: <br />On October 22, 2008, you memorialized in a letter a meeting that was held between the Division <br />of Reclamation, Mining and Safety ("DRMS") and State Historic Preservation Office ("SHPO") <br />on October 16th. You summarized that the letter "reflects the discussions that took place and the <br />recommendations to DRMS presented by SHPO." <br />Based on our review of the letter, I sent to you on October 22, 2008 an email on behalf of <br />Cripple Creek & Victor Gold Mining Company ("CC&V") wherein I noted the following. <br />"Jeff, CC&V appreciates the efforts by DRMS and SHPO on the Amendment No. 9 <br />proposal and we are in agreement to voluntarily take the appropriate actions regarding <br />historic resources in the mining district including the specified communication with <br />SHPO. We note however the language used in the letter regarding the timing of mining <br />in the "north cresson mine area" is confusing and perhaps misleading. In the MOU with <br />Cripple Creek, CC&V stated that mining in the North Cresson area was to occur in <br />approximately 2014-2016. This is our best estimate at this time as to when that mining <br />would occur under the MLE (Amendment No. 9) plan. Certain activities are already <br />underway in the North Cresson area (overburden placement) as permitted under the <br />Amendment No. 8 process. The issue of the expanded backfilling and regrading of the <br />North Cresson highwall area will be resolved before mining, but these approvals are not <br />contingent upon the 2014-2016 mining timeframes. It is important that CC&V maintain <br />some flexibility in the exact mining dates in North Cresson, as described in the MLE <br />application. We will, of course, work with all parties to update the schedule estimate as <br />that information becomes known."