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N~V-14-2005 MON 01;57 PM BANKS AND GESSO LLC FAX N0. 303 274 8328 r. u~ <br />~~ Banks and Gesso, LLC <br />~~ <br />720 IGpling St.,Suite117 <br />Lakewood, Colorado 80216 <br />(303) 271.1277 <br />Fax(303j274-8329 <br />www.Danktandgesso.cam <br />November 14, 2005 <br />Tom Schreiner <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: MMRR Quarry,~M-2004-087, Silver Dollar Metropolitan District objection <br />C/ass : Qt'rwri f <br />Dear Mr. Schreiner: <br />Thank you for forwarding to Banks and Gesso, LLC, as the permitting <br />representative for the M-2004-067 application, the engineering study and other <br />materials provided to the Division of Minerals and Geology by the above <br />referenced objector, the Silver Dollar Metropolitan District (SDMD). The Division <br />should note the Applicant's continued concern with the standing of SDMD to <br />bring obJectJons on the bases presented in its November 3 letter to the DMt3 end <br />the subsequent November 10 submittal on ita behaH of an engineering study <br />performed by LeonaM Rice Engineers, Inc. <br />As an Initial matter, SDMD was provided the opportunity to comment or obJed on <br />the basis of its presume~ownarehlp of light pales within 200 feet of the proposed <br />affected area. The faciliGea of the Black Hawk Central City Sanitation DisMct <br />(BHCCSD) were not the subject of the special comment period. As the Applicant <br />clarified with the submittal of F_xtrlblt G3, the nearest permanent man-made <br />structures owned by BHCCSD are more than 200 feet from the proposed <br />affected area (and a slgn~cant additional distance from blasting). Aa an <br />adjacent property owner, BHCCSD has been properly noticed over the course of <br />this permit review process, and the timely objections of the Sanitation District <br />have been accounted for and discussed previously. The Silver Dollar <br />Metropolitan Diet's current analysis regarding BHCCSD is not timely and is <br />also not within the scope of Rule 8.4.14 and associated statutory authorities <br />regarding permanent man-made structures. <br />Regarding the SDMD objections based on Its ownership of light poles within 200 <br />feet of the effected area, SDMD will have no Interest in these structures as of the <br />scheduled date for the Pre-Hearing Conference in this case, and will therefore <br />have no interest in any structure at the time of the MLRB Hearing or at the time <br />of issuance of any Reclamation Permit. The attached copy of the agreement <br />