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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 066.3567 <br />FAx: (303) 832$106 <br />June 30, 2005 <br />COLORADO <br />D [VISION O F <br />MINERALS <br />GEOLOGY <br />0.E CLANATION•NINING <br />sAf ETY•SCIENCE <br />Bill Owens <br />Gwemor <br />Mr. Paul Gesso <br />Banks & Gesso, LLC <br />720 Kipling Street, Suite 117 <br />Lakewood, CO 80215 <br />RE: 2°d Adequacy Review Comments - MMRR Quarry, Regular 112 Application <br />Class: Permit File No. M-2004-067 <br />Deaz Mr. Gesso: <br />Russell George <br />Executive Director <br />Ronald W. fattany <br />Division Director <br />Natural Resource Trustee <br />Listed below aze adequacy review comments on the above-captioned Regulaz 112 Application for 526.70 <br />permitted acres. The decision date for your application is currently scheduled for July 11, 2005. All <br />written comments and objection letters that our Office received during the public comment period have <br />already been forwazded to you. The Division has compiled and attached a list of the vazious reasons for <br />objection provided in the letters received during the public comment period. As previously requested, <br />please provide a response to each of the specific concerns presented by the objectors as an addendum to <br />your response for the adequacy concerns presented in this letter. <br />Two (2) copies of your adequacy response must be submitted and received by the Division by no later than <br />July 7, 2005 to allow Division staff sufficient review time. If the applicant requires additional time to <br />adequately respond to the concerns presented in this letter, the applicant may elect to waive their right to a <br />decision within 90 days and request an extension of the decision date. Such a request must be made in <br />writing and must be received on or before July 11, 2005. Please be advised that you will need to provide <br />all information or commitments requested below and/or resolve all remaining concerns of the Division on <br />or before the July 11, 2005 recommendation date. Failure to do so will result in a Division <br />recommendation of denial of your application. Also, it is the Division's understanding that you may prefer <br />to waive your right to a decision by the July 11, 2005 recommendation date and postpone the <br />corresponding heazing until the September 14-I5, 2005 Boazd Meeting. Please confirm in writing your <br />intentions for a recommended decision date and corresponding Boazd Hearing date. <br />1. In conformance with Rule ].4.1(1), please provide a revised Regulaz 112 Operation application form <br />which lists the revised permitted acreage, affected land acreage, legal description, and primary mine <br />entrance location based on the new site access location along Highway 119. <br />6.4.1 EXHIBIT A - Legal Description <br />2. In conformance with Rule 6.4.1(1), please provide a revised Exhibit A -Legal Description for all <br />Office of Uffice of Colorado <br />Mined Land Reclamation Active and InaQive Mines Geological Survey <br />