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rrn~ ~~ :: Banks and Gesso, LLC ~ 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303) 274-4277 Fax (303) 274-8329 August 17, 2006 www.banksandgesso.com Rick Wenzel ' RECFIVEp Colorado Division of Minerals and Geology C7 >e ~ G 1n7 f{Z_ 1313 Sherman Avenue ;/~Uli 1$ 2006 Denver, CO 80202 ~ iwsion of Reclamation, J~ Mlrting and Safety Re: File No. M-2006-046, Extension of Decision Date Dear Mr. Wenzel: In a letter dated August 1, 2006, you informed us, as the permitting representative for the Grand River Park Project (Regular 112 Application No. M-2006-046), that, as a Regular 112 application without objectors, the Division is required to make an approval or denial decision no later than August 21, 2006. The Division's letter anticipates that more time may be needed to complete the applicant's reply and suggests a written waiver of the applicant's right to a decision by August 21. We understand that the timing of an adequacy review must include time for both the applicant's response to review questions and the Division's subsequent review time to make a final decision. In this case, the applicant has been diligently preparing a comprehensive response to the Division's adequacy comments. At this time, it is apparent that sufficient time to complete the applicant's response and provide for the Division's review will require waiver of the referenced decision date of August 21, 2006. A thirty (30) day extension of the decision date, from August 21 to September 20, 2006 is requested by this letter. Accordingly, the applicant in case M-2006-046 waives its righfto a decision withih~90 days; subject to a rescheduled decision date of September 20, 2006. We reserve the right to request further extension of the decision date in the future should appropriate circumstances arise. Thank you for your assistance in this matter. Sincerely, BANKS AND GESSO, LLC Alex h cc: Bill Roberts, Silt Sand & Gravel, LLC