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UBSCaipnration <br />10 Burnett Cow-t. Suite 113 <br />Durango, CO 31301 <br />fe1:970-25J-9212 <br />Fax:970-259-9241 <br />January 2~, 2007 <br />Mr. Wallace Erickson <br />Colorado Division of Reclamation, Mining and Safety <br />701 Camino Del Rio, Room 125 <br />Durango, Colo. 81301 <br />Re: Hocker Gravel Pit File No. M-2004-063 <br />Dear Mr. Erickson, <br />r;. <br />_..,_ . <br />`,'c',H <br />~. <br />~~l iJ ~~ `~~~ <br />~,. <br />/~ C,, <br /><< <br />ert~ _c~, "~e <br />U;la,S`je~;oj~ <br />I am assisting the Hocker Construction LLP in the application process for the above referenced mining and <br />reclamation permit. I am in receipt of correspondence dated Jan. 12, 2007 from your office citing the revised <br />access and several administrative deficiencies with permit application. It is my understanding that the review <br />process has been successfully completed and a permit approved but the permit has not been issued. The <br />Rockers wish to pursue the issuance of the permit as per the original application. <br />The decision by the Durango office to require the access corridor to be included as "affected lands" places an <br />onerous burden upon the Rockers resulting in further damaging delays with regard to the permitting process. <br />These lands will not only serve as a Right of Way for 16" die. Natural gas pipeline, but also an irrigation <br />pipeline to serve other parcels that the Rockers own for agricultural use. This access corridor will also provide <br />vehicle access to the other parcels owned by the Rockers. It is apparent that the land in the corridor will be <br />disturbed without regard to the impact of the access roadway for the minintg operation. Therefore the Rockers <br />wish to appeal the office decision before the board during the February 14" and ] 5ih hearing dates. <br />The Rockers have suffered considerable financial distress due to the delays in issuing this approved permit. <br />The cause of the delays from a standpoint of noncompliance with the 1.6 rules is not contested. The Rockers, <br />in a continued showing of good faith, are proceeding with Rule 1.6, Public Notice Procedures; for a third time <br />in a concerted effort to comply with ] 00% of all requirements. <br />We reiterate our request to schedule an appeal hearing regarding the access corridor and affected lands <br />decision in order to expedite the issuance of the approved permit <br />Sincerely, <br />ack Nickerson, P.T. <br />Project Manager <br />JN/dd <br />Cc: 21711337; <br />C:AIlockerAIlocker Gravel PIf Appeal lever.doc <br />