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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 6, 2008 <br />l <br />kAR 10 2008 <br />Division o Recla,. . <br />"ning and ?tlon <br />Sataty <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Notice to Parties and Interested Persons Bill Ritter, Jr. <br />Governor <br />RE: Notice of Extended Decision Dote Due to Complex Application and Harris D. Sherman <br />Formal Public Hearing, Batt Mountain Reses, Inc., Executive Director <br />Amendment No. 3 (AM-03y, San Luis Project, ermit No. M-1988-112. Ronald W. Catt <br />Division Director <br />or <br />Natural Resource Trustee <br />Dear Party and/or Interested Person: <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 a party or a non-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 seq., 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-03 from April <br />2, 2008 to May 13, 2008. The extension is appropriate because the Division has determined the <br />application is sufficiently complex and may require the Division to utilize additional professional staff with <br />specific expertise in the review process. In addition, 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-03. 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 11-12, 2008 Board meeting. The location and time of the June <br />11-12, 2008 Board meeting has not yet been determined. All persons who timely objected to this <br />amendment application will receive notice of the time and place of the June 11-12, 2008 Board meeting <br />as soon as such location can be determined. <br />Prior to the Formal Board Hearing, the Division will schedule a Pre-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 at 701 Camino del Rio, Room 315, Durango, CO <br />81301, phone (970) 247-5469, if you have any questions. <br />Since ?_ <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />Enclosure: Certificate of Service <br />Guide to Citizen Participation <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />=za