2006-01-23_REVISION - M1978208 - Laserfiche WebLink

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f ~~. Banks and Gesso, LLC ~ ~~ - January 23, 2006 Harry Posey, Reclamation Specialist Colorado Division of Minerals and Geology/ 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Request for Technical Revi ion DMG Permit M-1978-208 Response to Your Inspection Report dated 11121/05 Dear Mr. Posey: RECE~a` JAN 2 3 2J~J6 tliYision of Mintrrds mm Gealagy We are requesting a Technical Revision to the above referenced DMG Permit as per your request that was made in response to your field inspection on October 17, 2005 .and as documented and signed by you on November 21, 2005. It is our understanding that the original date to submit this information ("Correction Date") was December 21, 2005 and that date was extended by you to January 23, 2006. Before I address the details of your request, I need to point out that, as you are already aware, there is a pending lawsuit concerning this property and the permits governing the mining between the DMG Permittee, Mr. William S. Peterson, and Elk Creek Sand and Gravel Company, the operator of the mine. The case number is 05CV2778 in Jefferson County District Court. This lawsuit and the issues involved have made the response to your requirements difficult. However we have gained agreement between the attorneys representing the parties to go forward with this TR and to submit the documentation that is included here. We point this out only to bring to your attention that the documents used in this submittal were not prepared by Banks and Gesso, LLC on behaff of the Permittee but were prepared by others for Elk Creek Sand and Gravel. We have not changed or modified these documents in any way nor can we. Should, for some reason, these documents prove inadequate to meet the DMG requirements, we would hope that you would give us adequate time (20 to 30 days) so that we can modify this TR request after working through the attorneys and obtaining agreement and the required permission of the two parties. J ~-Dz ~ ~k-t~n~ I-}-~ r/ 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303)274-4277 Fax (303) 274-8329 www. banksandgesso.com We will address your "Observations° page point by point and this should satisfy your requirements under "Corrective Actions", page 3.