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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 (t
<br />FAX: (303) 832-8106
<br />April 24, 2008 APR 2 2008
<br />/ Division of ."alfion,
<br />San Luis Peoples Ditch Mining end 4 y
<br />Conrad Trujillo, President
<br />San Luis, CO 81152
<br />RE: Notice of Extended Decision Date Due to Complex Application, Decision Date Due to Complex Application,
<br />Pre-hearing Conference and Formal Public Hearing,
<br />Battle Mountain Resources, Inc., Amendment:No. 3 (AM-03)r_?
<br />San Luis Project; Permit No. M-1988-112.
<br />Dear Mr. Trujillo:
<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 />Thank you for taking the time to be involved in the review process for the above referenced
<br />permit application. An explanation of the Division's review process, your rights as either a party
<br />or a non-party, and the jurisdiction of the Mined Land Reclamation Board (the Board), is
<br />provided in the enclosed 12-page memo, Guide to Citizen Participation. As noted in the
<br />citizen's guide memo, in these proceedings the Division's authority is limited to enforcement of
<br />the Colorado Mined Land Reclamation Act, 34-32-101 et seq., C.R.S. (the Act), and the Mineral
<br />Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal
<br />and Designated Mining Operations (the Rules), which can be accessed on the Division's
<br />website, http://mining.state.co.us/.
<br />Pursuant to Rule 1.1(10) and 1.4.1(7), the Division has extended the decision date for AM-03
<br />from April 2, 2008 to May 13, 2008. The extension is appropriate because the Division has
<br />determined the application is sufficiently complex and may require the Division to utilize
<br />additional professional staff with specific expertise in the review process. In addition, the
<br />application is beyond what the Division considers to be a typical application review process for
<br />the majority of applications received.
<br />The Division has received written objections to AM-03. Therefore, pursuant to Rules 1.4.9(2)(x)
<br />and 1.7.4(2), the Division has scheduled the application for a Formal Board Hearing for
<br />consideration by the Mined Land Reclamation Board (the Board). The hearing has been
<br />scheduled for the June 11-12, 2008 Board meeting, which will occur in the gymnasium of the
<br />Centennial School District R-1 at 909 North Main Street, San Luis, Colorado, beginning at 9:00
<br />a.m. on both days. During the hearing, the Board will consider the application with objections
<br />and may decide to approve, approve with conditions or deny the application for AM-03.
<br />Pursuant to Rule 2.7.1, the Division has scheduled a Pre-hearing Conference for May 28, 2008,
<br />which will occur in the gymnasium of the Centennial School District R-1 at 909 North Main
<br />Street, San Luis, Colorado, beginning at 9:00 a.m. The Pre-hearing Conference will be held to
<br />describe the Division's review process, to explain the rights and responsibilities of parties, to
<br />discuss and resolve issues to the extent possible, to describe the Board Hearing processes, to
<br />propose a list of issues under the Board's jurisdiction, to simplify that list, and to identify parties.
<br />Office of office of
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