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~ ~/ <br />~~: <br />STATE OF C <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Na[ural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />March 29, 2007 <br />Conrad Trujillo <br />San Luis Peoples Ditch <br />General Delivery <br />San Luis, CO 81152 <br />RECElV'ED <br />APR 0 4 [007 <br />Division of Reclamation, <br />Mining and Safety <br />RE: Notice of Extended ecision Date and Formal Public Hearing, / <br />Battle Mountain \RRRR~,s~urces, Inc., Amendment-No. 2 (AM-02),/ <br />San Luis Project, Permit No. M-1988-112. <br />Dear Mr. Trujillo: <br />it <br /> <br />L, <br />COLORADO <br />DIVISION OF <br />KECLAMAT[ON <br />MINING <br />- &- <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trus[ee <br />Thank you for taking the time to be involved in the review process for the above referenced <br />permit application. An explanation of the Division's review process, your rights as either a party <br />or anon-party, and the jurisdiction of the Mined Land Reclamation Board (the Board), is <br />provided in the enclosed 12-page memo, Guide to Citizen Participation. As noted in the <br />citizen's guide memo, in these proceedings the Division's authority is limited to enforcement of <br />the Colorado Mined Land Reclamation Act, 34-32-101 et seg•, C.R.S. {the Act), and the Mineral <br />Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal <br />and Designated Mining Operations (the Rules), which can be accessed on the Division's <br />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 <br />from March 13, 2007 to May 12, 2007. The sixty (Ii0) day extension is appropriate because the <br />application is sufficiently complex for the Division to utilize additional professional staff with <br />specific expertise in the review process, and the application is beyond what the Division <br />considers to be a typical application 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) <br />and 1.7.4(2), the Division has scheduled the application for a Formal Board Hearing for <br />consideration. The hearing has been scheduled for the June 13-14, 2007 Board meeting, <br />located at 1313 Sherman Street, Room 318, Denver, Colorado. <br />Prior to the Formal Board Hearing, the Division will schedule aPre-hearing Conference. The <br />Pre-hearing Conference will be held to describe the Division's review process, to explain the <br />rights and responsibilities of parties, to discuss and resolve issues to the extent possible, to <br />describe the Board Hearing processes, to propose a list of issues under the Board's jurisdiction, <br />to simplify that list, and to identify parties. All persons who timely objected to this amendment <br />application will receive notice of the date, time and place of the Pre-Hearing Conference. <br />Office of Office of <br />Mined land Reclamation Active and Inactive Mines <br />