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~,as ~o •~, III IIIIIIIIIIIIIIII •* <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />STIPULATION <br />IN THE MATTER OF BATTLE MOUNTAIN, INC. <br />PERMIT AMENDMENT <br />File No. M-88-112 <br />------------------------------------------------------------ <br />This stipulation is entered into between the Mined <br />Land Reclamation Division and the parties to this hearing. <br />All concerned hereby stipulate that: <br />1. Battle Mountain Resources, Inc, has applied .or, <br />but has not yet received, a permit from the Colorado Depart- <br />ment of Health, Air Pollution Control Division. <br />2. Ms. Nora Jacquez, Ms. Jane Kircher and the <br />Costilla County Committee for Environmental Soundness con- <br />tend that Battle Mountain Resources, Inc. may not amenr3 its <br />reclamation permit until it first obtains a permit from the <br />Air Pollution Control Division. <br />3. In view of the Mined Land Reclamation Board':s long <br />standing policy of issuing a reclamation permit to operators <br />before such operators have obtained an air pollution permit, <br />the objecting parties will not urge the Board to deny t:he <br />amendment of the reclamation permit on this grounds. <br />4. However, the question of whether an air pollution <br />permit must be obtained before the amendment may issue shall <br />be preserved for judicial review based on the facts stipu- <br />lated herein. <br /> <br />• • <br />