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JUN-30-2005 THU 03;02 PM BANKS AND OESSO 1!C ~~ hanks and Gesso, LLC ~~ June 30,2005 Tom Schreiner Colorado Division of Minerals and Geology 1313 Sherman Avenue Denver, CO 80202 FAX N0. 303 274 8329 P, 02 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303) 274-4277, FeX (303) 274-E ~~ /~ f www.banksand~ ~/ Re: File No. M-2004-067, Extension of Decision Date Class: Pernlir; ,i~h'j~R~ugrr~/ Dear Mr, Schreiner: In a phone call yesterday, June 29, 2005, you informed us, as the permitting representative for the MMRR Quarry (Regular 112 Application No. M-2004-067), that the case would be scheduled for a hearing at the July 13 meeting of the Mined Land Reclamation Board, requiring a Pre-Hearing Conference this Friday, July 1. This information was not anticipated In our production schedule for adequacy and other technical review items, as we had previously discussed a potential August or September MLRB meeting with the DMG. To date; we do not have the Division's adequacy comments related to the March 23, 2005, submittal of our adequacy response on behalf of the applicant. It is our plan to respond thoroughly to adequacy review comments and new objector items that the Division deems worthy of a response, and we therefore believe that it is necessary to review adequacy comments and develop a response before participating in aPre-Hearing Conference. Obviously, it is our desire that the Division's schedule for a Decision Date also have enough time to review any response, receive clarification, and so forth. We believe that extension of the Final Decision Date to October 19, 2005 is appropriate at this time, with the intent being to ensure that this case will receive a Board Hearing, as needed, at its October 2005 meeting. G(ven these considerations, the applicant in Case No. M-2004-067 also waives its right to a recommended decision within 90 days, subject to the above requested Board Hearing and Decision Date. We reserve the right to request further extension of the decision date in the future should appropriate circumstances arise. Thank you for your assistance in this matter. Sincerely, BANKS AND GESSO, LLC Ale Schatz cc: file Chris Hayes, Esq.