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JOHN W. SUTHERS <br />Attorney General <br />CYNTHIA H. COFFMAN <br />Chief Deputy Attorney General <br />DANIEL D. DOMENICO <br />Solicitor General <br />John Fognam <br />Fognani and Faught <br />1700 Lincoln Street <br />Suite 2222 <br />Denver, CO 80203 <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 7th Floor <br />Denver, Colorado 80203 <br />Phone (303) 866-4500 <br />June 1, 2009 <br />RE: Centennial Project, Notice of Intent Modification MD-02, File No. P-2008-043 <br />Dear Mr. Fognani: <br />My client, the Division of Reclamation, Mining and Safety ("DBMS"), asked me to respond <br />to some of the issues your letter, dated April 15, 2009, raised concerning Powertech (USA)'s <br />request for a modification of a notice of intent to conduct prospecting ("NOI" ). Your letter <br />was in reply to a letter DRMS sent concerning the NOI modification. DRMS' letter, dated <br />March 31, 2009, found that Powertech's modification application was incomplete and <br />requested Powertech to respond to several adequacy issues including issues raised by Weld <br />County officials and the Western Mining Action Project. <br />This letter responds to certain of the assertions made in your letter but does not address the <br />technical letter Powertech sent to my client: <br />1. Assertion that outside parties are being allowed to intervene in the DRMS review of the <br />NOI process. <br />In your letter you state that by DRMS requiring Powertech to respond to issues raised in <br />letters sent by citizens, DRMS was allowing citizens to "intervene" in DRMS' review of the <br />NOI modification. DRMS disagrees. <br />The Colorado General Assembly determined that land affected by a mining operation should <br />be put to a use beneficial to the people of the state of Colorado. § 34-32-102, C.R.S. In <br />addition, the legislature enacted the Mined Land Reclamation Act to protect and promote the <br />health, safety and general welfare of the people of this state. Id. <br />With this declaration in mind, the Colorado legislature in 2008 enacted and the Governor <br />signed into law Senate Bill 228. This bill made information about prospecting public that <br />once was confidential. Although SB 228 did not create an administrative procedure in which <br />citizens may intervene in the NOI approval process or appeal a NOI decision DRMS makes,