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~ ~ DIVISION OF MINERALS AND GEOLOGY Department o(Natural Resources 1313 Sherman 51., Room 215 Denver, CO 80207 Phone: (3031 866-7567 FAX:(303)832-8106 November 4, 1993 Mr. Gary J. Tuttle Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, Colorado 80233 III Ilillllllllll III COLORADO p° COro ,~~4 Mc • revs Roy Romer Governor Michael B. Long Division Duxlor RE: Receipt of Financial and Performance Warranties, 83rd Joint Venture Resource, File No. M-92-069 Dear Mr. Tuttle: The Division received the executed copies of the financial and performance warranties for the 83rd Joint Venture Resource permit application referenced above on October 26, 1993. The Division approved the reclamation permit with stipulations for this application on October 23, 1992. Rules 7.2 (2), 7.5 (7) of the Mineral Rules and Regulations of the Mined Land Reclamation Board state that: An operator must submit the Financial and/or Performance Warranties within one calendar year of Board approval of an application for any new permit, amendment or conversion. If these warranties are not received by the Division within this time period, the Board shall hold a hearing to reconsider the previous approval. I regret to inform you these warranties were not received within that time period. Consequently, the Mineral Rules and Regulations stipulate that the Board shall hold a hearing to reconsider the previous approval. In order for the Board to reconsider the previous approval, all public advertisements made and other notices sent in conjunction with the original application will have to be resubmitted; see Rule 2.2 of the Mineral Rules and Regulations. Receipt of these notices and evidence of the publication must be provided before the Board meeting and the required l0 day comment period following the publication of the public advertisement must have expired before the Board meeting.