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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 <br />FAX: (303) 832-8106 <br />May 19, 2009 <br />CIEWN, <br />MAY 2 6 ?000 <br />DhAsion of Recl--na*iw, <br />Mining and Safety <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Notice to Parties and Interested Persons to the Zellitti Pit Permit Amendment Application Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />RE: Formal Public Hearing for Zellitti Pit 112c application, Permit No. M-1980-246 Division Director <br />Natural Resource Trustee <br />Dear Party: <br />The Colorado Division of Reclamation, Mining, and Safety (DRMS) has received objections to the <br />amendment application for the Zellitti Pit. <br />Therefore, staff has scheduled the matter for Formal Public Hearing before the Colorado Mined Land <br />Reclamation Board, for consideration of the application. The hearing will occur during the July 8 & 9, <br />2009 Board meeting at Centennial Building, 1313 Sherman Street, Room 318, Denver, Colorado <br />80203, commencing at 9:00 a.m. on July 8th and 9th or as soon thereafter as the matter can be <br />considered. Parties and interested persons will have the opportunity to be heard. <br />A Pre-hearing Conference has been scheduled to occur on June 19, 2009, beginning at 11:00 a.m. at <br />the Durango Field Office of the Division of Reclamation, Mining, and Safety, located at 691 CR 233, <br />Suite A-2, Durango, CO 81303. Ms. Sandra Brown will preside as Pre-hearing Conference Officer. <br />The purpose of the Pre-hearing Conference is to describe the Office's review process, to explain the <br />rights and responsibilities of parties, to discuss and resolve issues to the extent possible, to describe <br />the Board Hearing processes, to determine the list of issues under the Board's jurisdiction and to <br />simplify the list, and to determine who has demonstrated standing to be a party to the Formal Board <br />Hearing. Lists of any exhibits and witnesses the parties intend to present at the formal hearing <br />must be exchanged between the parties at the pre-hearing conference. Failure to participate in <br />the Prehearing Conference will result in the loss of your party status. <br />After the conference, the Pre-hearing Conference Officer shall cause to be drafted a Pre-hearing Order. <br />The Pre-hearing Order will be mailed to all parties within 10 working days after the conference and will <br />contain a list of the parties, provide a recommended list of issues to be considered by the Board, and <br />outline a schedule for the hearing with time allotments set for presentations by each party and the <br />Office. The conditions of the Pre-hearing Order are not final until adopted or approved by the Board at <br />the Formal Board Hearing. Any party has the right to file a motion to the Board to review any decision <br />of the Pre-hearing Conference Officer according to the provisions of Rule 2.6(1) of the Mineral Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated <br />Mining Operations, promulgated May, 1977, amended August, 2001. <br />The Formal Public Hearing for this issue is scheduled to occur during the July 8 & 9, 2009 meeting of <br />the Mined Land Reclamation Board at 1313 Sherman Street, Room 318, Denver, Colorado, beginning <br />each day at 9:00 a.m. or as soon thereafter as the matter can be considered. <br />Please review the informational memo included with this letter, dated October 2, 2001, RE: Citizen <br />Participation in the 112 Reclamation Permit Application Process Revised October 19, 200, August 2, <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines