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<br />~L-(J <br />HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. <br />Attorneys a[ Law <br />Suite 450, The Mazket Center <br />1350 Seventeenth Street <br />Denver, Colorado 80202-1576 <br />Telephone: (303)825-6444 <br />Facsimile: (303) 825-1269 <br />John E. Hayes <br />Herbert C. Phillips <br />Corey Y. Hoffmann <br />Kendra L. Carberry <br />E-mail: hcphillips@hphclaw.com <br />/`"~-i S 8 5-02~' <br />Hilary Mogue Graham <br />John Blakely Wilson <br />Jefferson H. Pazker <br />January 29, 2004 <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Application of Ducommon Business Trust <br />Ladies and Gentlemen: <br />RECEIVED <br />FEB 0 2 ?004 <br />Division of Minerois & DeoloBY <br />This firm represents the Town of Alma, Colorado. We have been asked to file the <br />following statement regarding the application of the Ducommon Business Trust for a <br />Construction Materials Regulaz (112) Operation Reclamation Permit. <br />The only real concern voiced by the Town's Boazd of Trustees relates to the proposed <br />operation of an asphalt plant. The potential for noise, dust and odor generation should asphalt <br />plant operations be commenced in the vicinity of the Town is of great concern to the Board of <br />Trustees. <br />We note that the most recent version of the Application provides, at page 4 of the <br />Application Form, that "Asphalt plant is only allowed with written consent of Town of Alma." <br />Additionally, page 2 of the Introduction portion of the Application states that "[i]n order to <br />cooperate with the Town, the permittee hereby states that no asphalt plant will be placed on site <br />at any time without written permission from the Town of Alma." <br />The Town appreciates the cooperation of the Ducommon Business Trust in inserting <br />these conditions as part of their Application. We do wish to assure, however, that this condition <br />is specifically made a part of any permit issued by CDMG to the Ducommon Business Trust. <br />1/29/04 <br />Q: I USERSW LMAIHCPICOLO DLV OF MINERALS-LO].DOC <br />