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®® Banks and Gesso, LLC <br />®® <br />April 5, 2006 <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303) 274-4277 <br />Fax (303) 274-8329 <br />www. banksandgesso.com <br />RECEIVED <br />Erica Crosby APR 0 6 2006 <br />Division of Minerals and Geology OivisionvfMieeretsandGeuta~y <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Subject: Asphalt Paving Company, Wattenberg West Sand and Gravel Mine, <br />Permit No. M-2005-066, Response to Adequacy Review <br />Dear Ms. Crosby: <br />This letter is written in response to adequacy review comments in your letter of <br />December 13, 2005, and the Hydrology Review Memo from Tom Schreiner dated <br />January 12, 2006 (included here as Attachments 1 and 2), I have reiterated your <br />comments for ease of review, and our responses are in the same order as in your <br />letters. <br />Re~onse to December 13, 2006 Adeouacy Review Letter <br />As required by Rule 1.6.2 (1)(g), please submit the proof of publication of the public <br />notice circulated in the local newspaper, all owners of record of surface lands, <br />easement holders, and owners of record of surface lands that are within 200 feet of <br />the boundary of the affected land. Proof of notice may be return receipts of a <br />Certified Mailing or by proof of personal service. <br />The proof of publication of the public notice in the local newspaper and proof of <br />mailings of public notices to property owners with 200 feet were submitted to the <br />Division on December 8, 2005. <br />Rule 6.4.3 Exhibit C-Pre-Mining and Mining Plan Mates <br />2. Exhibit C-1 depicts a number of ditches and roads on the property that will be mined <br />through. Please state the ownersleasement holders of the structures, and provide <br />notarized consent agreements to mine through the structures. As an alternative, the <br />applicant can commit to maintaining a 200-foot mining off set distance, or provide an <br />engineering evaluation to mine closer than 200 feet. <br />All internal ditches, excluding the Brighton Ditch, are or were used solely to irrigate <br />the subject property, and are owned by the applicant. The applicant also owns all <br />internal roads. Access roads to oil and gas facilities may be relocated within the <br />