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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />March 7, 2007 <br />Notice to Parties and Interested Persons <br />,r. <br />1 i~r <br />RECEIVED <br />MAR '- 22001 <br />DIviM nin9 and Sa tycn, <br />RE: Notice of Extended Decision Date and Formal Public Hearing,// <br />Battle Mountain Resources, Inc., AmendmenLNo. 2 (AM-02), <br />San Luis ProjectlPermit No. M-1988-112. <br />Dear Party and/or Interested Person: <br />COLORADO <br />D t V l S l O N O E <br />REC LAMAT [ON <br />MINING <br />-&- <br />SAFETY <br />Bin Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald \N. Cottony <br />Division Director <br />Natural Resource Trustee <br />Thank you for taking the time to be involved in the review process for the above referenced permit <br />application. An explanation of the Division's review process, your rights as either aparty or anon-party, <br />and the jurisdiction of the Mined Land Reclamation Board (the Board), is provided in the enclosed 12- <br />page memo, Guide to Citizen Participation. As noted in the citizen's guide memo, in these proceedings <br />the Division's authority is limited to enforcement of the Colorado Mined Land Reclamation Act, 34-32-101 <br />et sea., C.R.S. (the Act), and the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Hard Rock, Metal and Designated Mining Operations (the Rules), which can be <br />accessed on the Division's website, http://mining.state.co.us/. <br />Pursuant to Rule 1.1(10) and 1.4.1(7), the Division has extended the decision date for AM-02 from March <br />13, 2007 to May 12, 2007. The sixty (60) day extension is appropriate because the application is <br />sufficiently complex for the Division to utilize additional professional staff with specific expertise in the <br />review process, and the application is beyond what the Division considers to be a typical application <br />review process for the majority of applications received. <br />The Division has received written objections to AM-02. Therefore, pursuant to Rules 1.4.9(2)(a) and <br />1.7.4(2), the Division has scheduled the application for a Formal Board Hearing for consideration. The <br />hearing has been scheduled for the June 13-14, 2007 Board meeting, located at 1313 Sherman Street, <br />Room 318, Denver, Colorado. <br />Prior to the Formal Board Hearing, the Division will schedule aPre-hearing Conference. The Pre- <br />hearing Conference will be held to describe the Division's review process, to explain the rights and <br />responsibilities of parties, to discuss and resolve issues to the extent possible, to describe the Board <br />Hearing processes, to propose a list of issues under the Board's jurisdiction, to simplify that list, and to <br />identify parties. All persons who timely objected to this amendment application will receive notice of the <br />date, time and place of the Pre-Hearing Conference. <br />Please contact me at the Division's office in Durango, 701 Camino del Rio, Room 125, Durango, CO <br />81301, phone (970) 247-5469, if you have any questions. <br />SinJCe ely, `~),~r <br />Wallace~rErlckson <br />Environmental Protection Specialist <br />Enclosure: Certificate of Service <br />Guide to Citizen Participation <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />