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SEP-20-2006 WED 02;19 PM BANKS AND GESSO LLC <br />~~ Banks and Gesso, LLC <br />~~ <br />September 20, 2006 <br />Rick Wenzel <br />Colorado Division of Reclamation, Mining, and Safety <br />1313 Sherman Avenue <br />Denver, CO 80202 <br />Re: File No. M-2006-046, Extension of Decision Date <br />Dear Mr. Wenzel: <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303) 274-4277 <br />Fax (303)274-8329 <br />www, banksandgesso.com <br />P. 02 <br />It is our understanding that the Division of Reclamation, Mining, and Safety is currently <br />in the process of reviewing the applicant's response to adequacy comments concerning <br />the Grand River Park Project (Regular 112 Application No. M-2006-046). As a result of <br />the Division's on-going review, a decision incorporating the applicant's adequacy <br />materials (as submitted September 6, 2006} will not be ready for the September 20, <br />2006, decision date, as established by the applicant's letter of August f7, 2006, <br />extending that deadline. <br />Today's date represents the 120-day mark since the applicant submitted its application. <br />Especially due to the lack of objectors in this case, we anticipate that a thorough review <br />of the applicant's responses will resolve outstanding technical questions to the <br />satisfaction of the Division. To provide additional time for review of outstanding <br />adequacy issues, the applicant will facilitate an extension of the decision date tc allow <br />for the 30 days of Division review and administration time originally contemplated in the <br />August 17 extension. <br />A sixteen (16) day extension of the decision date, from September 20 to October 6, <br />2006 is requested by this letter. Accordingly, the applicant in case M-2006-046 waives <br />its right to a decision today, subject to a rescheduled decision date of October 6, 2006. <br />Please note that we reserve the right to request further extension of the decision date in <br />the future should appropriate circumstances arise. <br />Thank you for your attention to this matter. <br />Sincerely, <br />BANKS AND GESSO, LLC <br />- \ <br />_- <br />A x Schatz <br />FAX N0. 303 274 8329 <br />cc: Bill Roberts, Silt Sand & Gravel, LLC <br />