PERMFILE70553

• Permit No: M2001046
• IBM Index Class Name: Permit File
• Doc Date: 5/31/2001
• Doc Name: Source of Legal Right to Enter
• From: Banks and Gesso LLC
• To: DMG
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Na[ural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
May 21, 2001
Mr. Paul G. Gesso
~~
DIVISION O F
MI[~IERALS
GEOLOGY~I
RECLAMATION.
MINING•SAFETY
Bill Owens
Governor
Banks and Gesso, LLC Greg E. Watcher
720 Kipling St, Suite 117 Enecu[ive Director
Lakewood, CO 80215 Michael B. Long
Division Director
Re: Owens Brothers Concrete Company's Nix Sand and Gravel Mine, File No. M-2001-046,
Receipt of 112 Construction Materials Reclamation Permit Application Package
Dear Mr. Gesso:
On May 7, 2001, the Division of Minerals and Geology received your 112 Construction Materials
Reclamation Permit Application package for the Nix Sand and Gravel Mine, File No. M-2001-046.
Preliminary review of the information received determined that the following items must be received
before the Division can consider your application as being submitted and technical review can begin:
EXHIBTT N -Source of Lesal Right to Enter (Rule 6.4.14): You must provide the source
of your legal right to enter and initiate a mining operation on the affected land. The contracts
to purchase the property do not clearly demonstrate that Owens Brothers Concrete Company
has the legal right to enter the property to mine it for sand and gravel. Under the Division
regulations the operator must demonstrate that they have current rights to enter at the time of
the application. The Division did consult our attorney for a clarification of this Exhibit and the
information submitted and it has been determined that the Contract to Buy and Sell Real
Estate for 80 acres and the Contract to Buy and Sell Real Estate for 200 acres do not
demonstrate that Owens Brothers Concrete Company currently own the property to be mined.
Also, the total acreage shown in these two contracts only account for 280 acres. The
application is for 312 acres. Please demonstrate right to enter on all acreage in the proposed
permit azea.
Your application will not be considered submitted until the information listed above is received and
found sufficient to begin our review. A decision date will be established 90 days from the date of
receipt of all of the requested information. Additionally, if you have already published notice you wilt
need to republish notice, after the Division considers the application submitted. This notice must be
published once a week for four (4) consecutive weeks, starting within ten (10) days of the date your
application is considered submitted. We will notify you when you should initiate republication of your
notice. The final date for receiving comments is the 20th day after the fourth publication or the next

regulaz business day.