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~~ Banks and Gesso, LLC ~~ September 14, 2005 RECEIVED Tom Schreiner SEP 1 4 2005 Colorado Division of Minerals and Geology 1313 Sherman St., Room 215 Division rf Minerals and Geology Denver, CO 80203 Re: MMRR Quarry,~I 20 4-067, Response to 3`d Adequacy Review Dear Mr. Schreiner: This letter contains the response to the Division of Minerals and Geology adequacy review comments of September 7, as supplemented by the memo of Allen Sorenson dated September 9, 2005, regarding DMG Regular 112 permit application M-2004-067. Please note that the applicant's representative did not receive the detailed memo regarding geotechnical stability until the close of business on Monday, September 12, which has necessitated the use of every second available to us prior to the DMG's September 14 deadline. Nonetheless, it is our understanding that outstanding permit issues will be resolved by this letter and, if necessary, additional communication with the DMG in advance of the September 16 recommended decision date. The Applicant's response follows a recapitulation of each DMG comment. A. The Division suggests that the Applicant commit to conducting an annual maintenance survey of the sediment ponds, drainage channels, spillways, culverts, and other hydraulic structures on site; and perform maintenance as necessary. (An example would be cleaning out the culverts, drainage channels, and sediment ponds prior to the upcoming spring runoff each year). Please respond. The Applicant will annually conduct a maintenance survey of sediment ponds, drainage channels, spillways, culverts, and other hydraulic structures as defined by the permitted mining plan. The operator will perform clean-out, slope stabilization, and other maintenance functions if a maintenance survey or routine 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303)274-4277 Fax (303) 274-8329 www. ban ksandgesso. com operations reveal a need for maintenance.