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~~ Banks and Gesso, LLC <br />~~ <br />October 24, 2005 <br />Tom Schreiner <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />720 Kipling St.,Suite117 <br />Lakewood. Colorado 80215 <br />(303) 274-4277 <br />Fax (303) 274-8329 <br />www. ban ksandgesso. com <br />RECEIVED <br />OCT 2 4 2~'~5 <br />Oivieion ~f MMerals and Geology <br />Re: MMRR Quarry, M-2004-067, Response to 4`h Adequacy Review <br />Dear Mr. Schreiner: <br />This letter and the attached supplementary materials constitute the Applicant's <br />response to the Division of Minerals and Geology fourth adequacy review <br />regarding the MMRR Quarry application, File No. M-2004-067. <br />The Division's comments and other review topics are italicized below. The <br />Applicant's response is in plain text. Please refer to the separate comments <br />provided by Project Attorney on behalf of the Applicant, as Mr. Hayes letter is <br />also responsive to these review comments. <br />A. Public Notice Requirements. The Applicant will need to confirm that all public notice <br />requirements per Rules 1.6.2, 1.6.5, & 1.6.6 have been completed. This will include the Applicant <br />verifying it has sent written notice to the Silver Dollar Metro District and any other <br />property/utility/structure owners within 200 feet of proposed access points "B" or "C" that were not <br />properly noticed during the public notice period for the amended application. Those individuals or <br />utility/structure owners that will be receiving a notice from the Applicant will have 42 days from the <br />date of receipt of such notice to submit written comments to the Division. The notice(s) must be <br />sent in a timely manner to those owners so that the 42 day time period for written comments by <br />those owners ends no later than November 7, 2005; so that the Division will have sufficient time <br />to review those written comments prior to the November 15, 2005 Division recommended <br />decision date. As part of this requirement, the Applicant will need to submit certified mail return <br />receipts from each individual or ufilify/structure owner noticed. Please provide. <br />Please find a detailed discussion of the Applicant's compliance with Rule 1.6 <br />below, in response to comments submitted by the City of Black Hawk. <br />Regarding access points "B" and "C," to ensure that the Applicant's compliance <br />with Rule 1.6.6 is beyond dispute, the Applicant has provided mailed notice to the <br />Silver Dollar Metropolitan District and the Colorado Department of <br />Transportation. Copies of the notice and cover letters, along with returned <br />certified mail receipts, are enclosed with this correspondence. Both the Silver <br />