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SEP-16-2005 FRI 02 57 PM BANKS AND GESSO LLC <br />~~ Banks and Gesso, LLC <br />~~ <br />September 16, 2005 <br />Tom Schreiner <br />Colorado Division of Minerals and Geology <br />1313 Sherman Avenue <br />Denver, CO 80202 <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303)274.4277 <br />Fax (303)274-8329 <br />www.banksandgesso.com <br />Re: Flle No. M-2004.067, Modified Extension of Decision Date G~Aa: ~~ <br />Dear Mr. Schreiner: <br />As permitting representative for the MMRR Quarry, we are In receipt of the Division's <br />September 16 correspondence requesting immediate response to two public comment letters <br />dated September 12, 2005. <br />We are concerned that public comment has been accepted and incorporated into adequacy <br />review at such a late and untimely date. It appears at this time that extension of the decision <br />date for the MMRR Quarry application will be necessary to address comments submitted <br />outside of the process defined by agency rules and regulations. <br />P, 02 <br />On June 30, 2005, the applicant in this case waived its right to a recommended decision until <br />October 19, 2005. The June waiver and extension also stipulated that the applicant desired an <br />October 2005 Board Hearing. <br />With this letter, the applicant shall remove the stipulation that this application be heard at the <br />October 2005 MLRB meeting. This letter is submitted with the understanding that, as a result of <br />the waiver contained herein, the Division's recommended decision date will no longer fall on this <br />day, September 16, 2005 and is accordingly extended until October 19, 2005 by operation of <br />our prior letter. <br />Thank you for your assistance in this matter. <br />Sincerely, <br />BANKS AND GESSO, LLC <br />-. <br />Ale Shatz <br />encl: Reference copy of June 30, 2005 letter <br />FA}{ N0, 303 274 8329 <br />cc: file <br />Chris Hayes, Esq. <br />Bob Lembke, CCDWP <br />