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PETER M. EGGtESTON <br />JOHN C. MCCLURE <br />RUBY M. WHITELEY, PARALEGAL <br />MCCLURE Hi EGGLESTON, L.L.C. <br />A LimiteA Liahilily Company <br />Attorneys at Law <br />1401 1 iTH STREET, SUITE 660 <br />DENVER, COLORADO 80202-1244 <br />TELEEHONE: (303) 294-0822 FACSIMILE: (303) 294A824 <br />March 19, 2007 <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />1$ WASHWGTON, SUITF. 106 <br />MONTE VISTA, COLORADO 81144 <br />Ressc Dwsee N.L Mud i0'rxe Dv.'~nx Avvvess <br />~LEExO.Ne: (719) 852-$609 <br />i6~~P+~~/~® <br />~R 2p2007 <br />Dlvlalon of <br />Mining a~d Sa~ioq <br />Re: Notice of Extended Decision Date and Formal Public Hearing, <br />Battle Mountain Resources, Inc., Amendment No. 2 (AM-02), ~ <br />San Luis Project, Permit No. M-1988-112 ~ <br />Dear Mr. Erickson: <br />We are in receipt of your letter of March 7, 2007. Please be advised that I am <br />appearing in this matter as counsel for the Board of County Commissioners of Costilla <br />County as well as the Costilla County Conservancy District. Ed Lobato, Esq., 224 San <br />Juan Avenue, Alamosa, CO 81101, also represents the Board of County <br />Commissioners. Please include Mr. Lobato on mailings as to future notices. <br />We respectfully request that the hearing date of June 13, 14, 2007 be postponed <br />until a later date. Due to the complexity of the issues inherent in the application, the <br />long history of this matter before the Division of Reclamation, Mining and Safety and the <br />need to fully understand relevant background and historical data, we request that the <br />hearing date be postponed until at least August 2007. In addition, hvo prior related <br />actions before the Water Court for Water Division III, as well as the prior proceedings <br />before the Colorado Department of Health and Environment bear upon this application, <br />and require review as to interrelated issues, including surtace and groundwater <br />considerations. The groundwater issues alone are complex. In short, there is a <br />voluminous amount of documents to review in order to be adequately prepared. Also, <br />our engineer needs sufficient time to conduct some field work including taking a water <br />quality sample for independent testing. We request that sufficient time be allotted to <br />allow for parties opposing the application to prepare for the hearing. Our preference is <br />that the hearing date be set in August, 2007 although October is preferable. ,I am not <br />available in June or September due to prior commitment. <br /> <br />