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JOHN W. SLITHERS <br />Attorney General <br />CYNTHIA H. COFFMAN <br />Chief Deputy Attorney General <br />DANIEL D. DOMENICO <br />Solicitor General <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />November 10, 2008 <br />MEMORANDUM <br />TO: Mined Land Reclamation Board Members <br />MLRB Attorney <br />FROM: Jeff M. Fugate <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 7th Floor <br />Denver Colorado 80203 <br />Phone (303) 866-4500 <br />Assistant Attorney General <br />Natural Resources & Environment Section <br />303-866-5532 <br />jeff.fugate@state.co.us <br />RE: Cripple Creek and Victor, Cresson Project, Amendment No.9, M-1980-244 <br />Notice of Settlement and Cancelation of Formal Board Hearing <br />Status Update and Explanation of Settlement. <br />This memorandum is intended to provide background information related to the Cripple <br />Creek and Victor Amendment No. 9 Application, a timeline explaining how this matter went <br />from a contested application to a settlement and full party withdrawal, and an explanation as to <br />why the Formal hearing has been cancelled. Through the efforts of the Division, CC&V and Jeff <br />Parsons, attorney for Citizens for Victor, Sierra Club and INFORM, all parties in this matter <br />were able to negotiate and reach an acceptable settlement of all pending issues. The final party <br />withdrawal form was received from Jeff Parsons on Sunday, November 9, 2008 allowing the <br />Division to issue a formal written decision, pursuant to Hard Rock Rule 2.7.3 (5), approving the <br />amendment application with the agreed upon conditions. A tremendous amount of effort went <br />into the resolution of the issues in this matter. The fact that this matter was resolved speaks <br />positively of the Division's permit review process and the ability of the Division, the Mine <br />Company, and the parties involved to work together to successfully craft a mutual agreement that <br />addressed the issues of concern. <br />The application for Amendment No. 9 to the Cresson Project, a 112d-3 Designated Mining <br />Operation, was submitted by Cripple Creek & Victor Gold Mining Company to the Division of <br />Reclamation, Mining and Safety on April 15, 2008. The Division found the application <br />complete on April 28, 2008. Beginning May 7, 2008, the Applicant published four public