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NOV-10-2008 10:30AM FROM- 3038663558 T-499 P-002/004 F-175 <br />BEFORE THE DIVISION OF RECLAMATION, MINING AND SAFETY <br />STATE OF COLORADO <br />DIVISION DECISION-AMENDMENT NO. 9 APPROVED WITH CONDITIONS <br />IN THE MATTER OF CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY <br />THE CRESSON PROJECT, FILE NO. M-1980-244, AMENDMENT NO.9 <br />112d-3 DESIGNATED MINING OPERATION PERMIT AMENDMENT <br />APPLICATION <br />The Division of Reclamation, Mining and Safety hereby formally approves Permit <br />Amendment No. 9 with conditions. This approval is based, in part, on the following <br />facts: <br />The application for Amendment No. 9 to the Cresson Project, a 112d-3 Designated <br />Mining Operation, was submitted by Cripple Creek & Victor Gold Mining Company <br />("Applicant" or "CC&V") to the Colorado Division of Reclamation, Mining and Safety <br />("Division" or "ARMS") on April 15, 2008. The Division found the application <br />complete on April 28, 2008. Beginning May 7, 2008, the Applicant published four public <br />notices weekly and consecutively regarding the submittal of the Application in the Pikes <br />Peak Courier View. The comment period associated with these notices ended June 17, <br />2008. A total of 14 timely comment or objection letters were received by the Division. <br />The Division issued its Preliminary Adequacy Review letter to the Applicant on <br />August 25, 2008- On September 9, 2008, the Division received a request for a waiver of <br />the original 150-day review timeframe, effectively setting the matter for the November <br />13, 2008 Board meeting. The Applicant submitted its adequacy responses to the Division <br />on September 17, 2008. The Division issued its Rationale for Approval of the <br />Application Over Objections on October 16, 2008. <br />The Pre-hearing Conference for this matter was held on October 23, 2008 at the <br />Victor Elks Club, 367 North 3`d Avenue, Victor, Colorado. Present at the Pre-Hearing <br />Conference were the following, Parties: <br />• Cripple Creek and Victor Gold Mining Company and its representatives <br />• Citizens for Victor and its representatives <br />• Ms. Jo Ann Harris <br />• INFORM and its representative Jeff Parsons <br />• Sierra Club - Rocky Mountain Chapter and its representatives