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-2- <br />• April 15, 2009 the Division accepted an amendment to convert the above referenced 110(2) application to a <br />112d-1 permit application. This process is unusual but it was to accommodate Nuvemco since it was the only <br />permit statewide under review when the law was changed. <br />• Public Notice issues required re-notice and the Public comment period ran from May 14 to June 23, 2009. No <br />public comments were received. <br />• A series of request by Nuvemco to delay review resulted in the Division receiving response to adequacy issues <br />on February 16, 2010. <br />• Subsequent review by the Division of the adequacy response noted further deficiencies that required additional <br />information and testing on March 11, 2010. <br />• Nuvemco requested an extension to the decision date on March 17, 2010. Due to ground conditions access to <br />the mine was not practical to address additional radiometric survey and geo-chemical re-testing. <br />• Due to Rule 1.4.1(9) the Division denied the extension request. <br />• April 8, 2010, the Division received second response to adequacy issues. <br />• April 15, 2010, Division review notes remaining issues to be addressed on site April 28, 2010. <br />Per the above referenced rule, the Division will schedule this matter for a Board hearing. At the hearing, the Board may <br />approve, approve with conditions, or deny the application. Due to 30 day notice requirements the hearing will be <br />scheduled for the June 9-10, 2010 Board meeting. A separate notice of the scheduling will be sent to Nuvemco. At the <br />hearing the Division will submit an application decision recommendation to the Board. <br />If you need additional information, please contact me at the Division of Reclamation Mining and Safety, Grand <br />Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.241.1117. <br />Sincerely, <br />G. Russell Means <br />Environmental Protection Specialist II <br />Cc: Steve Shuey, Senior Environmental Protection Specialist, North Team Supervisor. (E-mail) <br />Cc: Allen Sorenson, DRMS Engineer <br />Cc: David Bird, DRMS Geo-Chemist