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STATE OF COLORADO <br />DIVISION Of MINERALS AND GEOLOGY <br />Deparbnent of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 60203 <br />Phone: (303) 8663567 <br />FAX: (303) 832$106 <br />June 30, 2005 <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 />Dear Mr. Gesso: <br />COLORADO <br />DIVISION OF <br />MIN RALS <br />GEOLOGY <br />RECLAMATION-MINING <br />SAFETY . SCIENCE <br />Bin Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Listed below are adequacy review continents on the above-captioned Regular 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 forwarded to you. The Division has compiled and attached a list of the various 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 hearing until the September 14-15, 2005 Board Meeting. Please confirm in writing your <br />intentions for a recommended decision date and corresponding Board Hearing date. <br />1. In conformance with Rule 1.4.1(1), please provide a revised Regular 112 Operation application form <br />which lists the revised permitted acreage, affected land acreage, legal descripti