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05/02/2006 13:34 FRK 3039862771 EBERLS CLAIM @J 002/002 <br />KING MOUNT~.IN GRA`1'EL, LLC <br />May 2, 2006 <br />Fsica S. Crosby <br />Bnviromental Protection Specialist <br />State of Colorado <br />Division of Minerals & Geology <br />1313 Sherman Street Room 215 <br />Denver, CO 80203 <br />Re: King Mountain Gravel, LLC; King Mountain Sand 8t Gravel Mine, File No. M-1978-314 <br />Reconsideration of Conversion Ol pp)i~ation Approval. ~/ <br />(CN-Ol~ V <br />Dear Ms. Crosby, <br />On April 27m, 2006 we received a letter from you addressed to Kirk J. Eberl. 1•n the letter you <br />state that the financial warranty for the Conversion Application was sot submitted by the March <br />15'~ deadline. On March i", I called the Division of Minerals and Geology and Spoke with Ms. <br />Suzi F.ricksen and we discussed the fonaat of the Financial Warranty and Letter of Credit. We <br />wanted to insure that we were submitting the form in the correct format. Doting the conversation <br />Ms. lriclcsen verified that it was correct and would be accepted. I submitted the original <br />Financial Warranty on March 8'" via Fedex, and it was received in your office on March 9'~, <br />2006. <br />On March 16m, I received a letter from 8lizabeth Shelton dated March 9th 2006. The letter stated <br />that the Letter of Credit needed additional wording that matched word for word the executed <br />Financial Warranty which was received by your office with the letter of Credit on March 9i°. <br />Had someone fmm your office called me on March 14'x, when the letter was mailed, I could have <br />had the additional wording added and resubmitted the Letter of Credit the same day. Since the <br />letter was mailed to our office the day before the deadline, there was no way for us to comply <br />with the second request and meet the deadline. At this time we respectfully request that you <br />reconsider and accept our Letter of Credit and Financial Warranty as being submitted on time. <br />Ifyou have any questions please call me at (303) 988-6286. <br />Sin <br />ictoria A <br />CC: Maifreen Jacoby; Banks & Gesso <br />7276 W. MaesFleld Ave. • Lakewood, Colorado 80235 <br />Phone (303) 958.6286 • Fax (303) 986-2771 <br />