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~ri- <br />~~ Banks and Gesso, LLC <br />~~ <br />r/h c~J ~~ <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303) 274-4277 <br />Fax (303)274-5329 <br />October 4, 2006 www.banksandgesso.com <br />Rick Wenzel RECE111Ep <br />Division of Reclamation, Mining, and Safety ~!`T p <br />F inn <br />1313 Sherman Avenue, Room 215 6 <br />Denver, CO 80202 -~ Division of Reclamation, <br />/ ~ Mining and Safety <br />Re: File No. M-2006-046, Extension of Decision Date, Grand River Park Project <br />Dear Mr. Wenzel: <br />Thank you for your review and comments related to the applicant's adequacy submittal for <br />the Grand River Park Project (M-2006-046). Based on our discussion of the adequacy <br />review process and your facsimile cover letter today, we understand that it is the Division's <br />suggestion, and in the best interest of a complete review, to extend the decision date by 30 <br />days. <br />As a general comment concerning the processing of this case, we are concerned at the <br />pejorative language in the current adequacy letter; specifically that the application "has <br />been deemed inadequate," where in-the Division's. previous adequacy letter it was advised <br />that, pending further review, the application "may be deemed inadequate." While we <br />understand that, until approved, there is always the potential for the Division to find an <br />uncontested application inadequate, we have diligently pursued the resolution of all <br />adequacy items identified by the Division. The record should reflect that the applicant has <br />engaged all appropriate channels of communication with the Division to identify adequacy <br />issues as soon as possible and ensure the adequacy of the proposed operation. <br />Pursuant to Rule 1.4.1(9), the applicant in the present case requests extension of the <br />decision date, to a day 31 days subsequent to the current decision deadline of October 6, <br />2006. The applicant hereby waives its right to a decision until November 6, 2^v0~. We <br />reserve the right to request further extension of the decision date in the future should <br />appropriate circumstances arise. <br />Once again, thank you for your attention and thorough review of this application. We are <br />confident and look forward to documenting that this application meets the Division's <br />standards for approval. <br />Sincerely, <br />