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<br /> <br />RECEIyE® <br />BEFORE THE MINED LAND RECLAMATION BOARD NOV 6 3 2 <br />STATE OF COLORADO O03 <br />ORDER FOR CONTINUANCE <br />IN THE MATTER OF THE APPLICATION OF SLJNNYSIDE GOLD CORPORATION <br />FOR A SECTION 112 PERMIT AMENDMENT, OVER OBJECTIONS, FILE NO. M- <br />1977-378. <br />THIS MATTER came before the Mined Land Reclamation Boatd ("Board") on <br />September 23, 2003, in Denver, Colorado for a hearing on Sunnyside Gold Corporation's <br />proposed modification of the post-mining land use for lands at the Sunnyside Mine <br />within the Herbert Placer pursuant to § 34-32-116(j), C.R.S. (2002}. Amendment 5 <br />would change the proposed use of approximately 10 acres of the 263-acre permitted site <br />from rangeland to industrial. Sandra Brown appeazed in her capacity as a prehearing <br />conference officer. Steve Brown, Assistant Attorney General, appeared on behalf of the <br />Division of Minerals and Geology. Sunnyside Gold Corporation was present represented <br />by Eugene Megyesy, Esq. Todd C. Hennis appeared on his own behalf and as <br />representative of San Juan Corporation and Salem Minerals Inc. The Water Quality <br />Control Division of the Colorado Department of Public Health and Environment was <br />represented by Mark Pifher, and its attorney, Patrick Kowaleski, Assistant Attorney <br />General. <br />At the hearing, a number of new matters were raised, including a matter raised by <br />Todd Hennis as to the legal effect of a purported "Notice of Termination of Lease," and a <br />matter raised by the Water Quality Control Division through Mazk Pifher as to the <br />validity of the current water permit and the continued viability of the treatment process <br />