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FOGNANI &FAUGHT,PLLC <br />.ditorner.s n( Law <br />April 15, 2009 <br />Mr. Allen C. Sorenson <br />Reclamation Specialist <br />State of Colorado <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Centennial Project, Notice of Intent Modification MD-02, File No. P-2008-043 <br />Dear Mr. Sorenson: <br />On behalf of our client, Powertech (USA) Inc. (Powertech), this letter responds to your <br />letter dated March 31, 2009 (DRMS letter). In your letter you request additional information on <br />the Notice of Intent Modification MD-02 (Notice of Intent Modification) for prospecting <br />activities relating to Powertech's proposed Centennial Project in Weld County. This letter <br />provides additional information on certain legal issues raised by the DRMS letter and related <br />documents and correspondence. Powertech is contemporaneously sending a separate letter to <br />which this letter is attached that is responsive to the technical issues raised in your letter. Both <br />letters address, as a courtesy, certain issues raised in letters dated March 20, 2009 from Weld <br />County and Western Mining Action Project. <br />Outside Parties Are Not Entitled to Intervene in the DRMS Review of a Notice of Intent <br />The DRMS letter directs Powertech to respond not only to issues raised by the Division <br />of Reclamation, Mining and Safety (DRMS) itself, but also to issues raised in letters from two <br />outside parties: Weld County (which submitted a letter dated March 20, 2009), and the Western <br />Mining Action Project (an activist group that has opposed the Centennial project since its <br />inception, which submitted a letter dated March 20, 2009 from Jeffrey Parsons). Powertech is <br />aware that under Scnate Bill 08-228 certain information in Notices of Intent (as well as <br />modifications thereto) is now available for public review. However, this does not mean that the <br />public is authorized to intervene formally or informally in the review by DRMS of a Notice of <br />Intent. The Colorado Legislature has neither directed nor empowered DRMS to allow such <br />intervention. Thus, DRMS's requirement that Powertech respond to arguments raised by outside <br />1 700 Lincoln Street, Suite 2222, Denver, Colorado 80203 (t) 303.382.6200 (f) 303.3£32.6210 <br />zc a'zr.Jogn a R i /a w. r.0In