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~S ~ ~6~, <br />~~ ~~~~~~~ ~~~~~~r ~~ <br />~N ~/ <br />May 2, 2006 <br />Erica S. Crosby <br />Enviromental Protection Specialist <br />State of Colorado <br />Division of Minerals & Geology <br />1313 Sherman Street Room 215 <br />Denver, CO 80203 <br />RECEIVED <br />/MAY 0 3 2006 <br />VDivision of Minerals and Geology <br />Re: King Mountain Gravel, LLC; King Mountain Sand & Gravel Mine, File No. M-1978-314 <br />r/Reconsideration of Conversion O1 Application Approval. <br />Dear Ms. Crosby: <br />On April 27`n, 2006 we received a letter from you addressed to Kirk J. Eberl. In the letter you <br />state that the financial watranty for the Conversion Application was not submitted by the March <br />15`n deadline. On March ls`, I called the Division of Minerals and Geology and Spoke with Ms. <br />Suzi Ericksen and we discussed the format of the Financial Warranty and Letter of Credit. We <br />wanted to insure that we were submitting the form in the correct format. During the conversation <br />Ms. Ericksen verified that it was correct and would be accepted. I submitted the original <br />Financial Warranty on March 8`n via Fedex, and it was received in your office on March 9`n, <br />2006. <br />On March 16`n, I received a letter from Elizabeth Shelton dated Mazch 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 9m <br />Had someone from your office called me on March 14`n, 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 />If you have any questions please call me at (303) 988-6286. <br />Since <br />Victoria A <br />CC: MaGreen Jacoby; Banks & Gesso <br />7276 W. Mansfield Ave. • Lakewood, Colorado 80235 <br />Phone (303) 985-6286 • Fax (303) 986-2771 <br />