PERMFILE109753

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 11/14/2005
• Doc Name: Silver Dollar Metro Distr Objection
• From: Banks and Gesso
• To: DMG
• Media Type: D
• Archive: No

NOV-14-2005 MON 01:57 PM BANKS AND GESSO LLC FAX N0, 303 274 8329 P, 02
~~ Banks and Gesso, LLC
~~
720 Kipling St.,Suite117
Lakewood, Colorado 80215
[phone]
Fax [phone]
www.banksandgesso. com
November 14, 2005
Tom Schreiner
Colorado Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, CO 80203
Re: MMRR Quarry, M-2004-067, Silver Dollar Metropolitan District objection
~~~
Dear Mr. Schreiner:
Thank you for forwarding to Banks and Gessp, LLC, as the permitting
representative for the M-2004-067 application, the engineering study and other
materials provided to the Division of Minerals and Geology by the above
referenced objector, the Silver Dollar Metropolitan District (SDMD). The Division
should note the Applicant's continued concern with the standing of SDMD to
bring objections on the bases presented in its November 3 letter to the DMG and
the subsequent November 10 submittal on its behalf of an engineering study
performed by Leonard Rice Engineers, Inc. ~
As an initial matter, SDMD was provided the opportunity to comment or object on
the basis of its presumed ownership of light poles within 200 feet of the proposed
affected area. The facilities of the Black Hawk Central City Sanitation District
(BHCCSD) were not the subject of the special comment period. As the Applicant
clarified with the submittal of Exhibit C-3, the nearest permanent man-made
structures owned by BHCCSD are more than 200 feet from the proposed
affected area (and a significant additional distance from blasting). As an
adjacent property owner, BHCCSD has been properly noticed over the course of
this permit review process, and the timely objections of the Sanitation District
have been accounted for and discussed previously. The Silver Dollar
Metropolitan District's current analysis regarding BHCCSD is not timely and is
also not within the scope of Rule 6.4.19 and associated statutory authorities
regarding permanent man-made structures.
Regarding the SDMD objections based on its ownership of light poles within 200
feet of the affected area, SDMD will have no interest in these structures as of the
scheduled date for the Pre-Hearing Conference in this case, and will therefore
have no interest in any structure at the time of the MLRB Hearing or at the time
of issuance of any Reclamation Permit. The attached copy of the agreement