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~~ Banks and Gesso, LLC ~ <br />~~ <br />May 1, 2006 <br />esc~ c bm <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303) 274-4277 <br />Fax (303)274-8329 <br />www. ban ksandgesso. com <br />~d_r~°2~.r; <br />Erica Crosby /FIAY ~ 2 ~G~S <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 irision ~f Minarets and Geolo®y <br />Denver, CO 80203 <br />Subject: Asphalt Paving Company, Wattenberg West Sand and Gravel Mine, <br />Permit No. M-2005-066, Response to Adequacy Review - zN,~ ,~ <br />Dear Ms. Crosby: <br />On behalf of Asphalt Paving Company, we are responding to the 2"d Adequacy Review <br />comments in your letter of April 17, 2005, and the Hydrology Review Memo from Tom <br />Schreiner dated April 14, 2006 (both attached). I have reiterated your comments for <br />ease of review, and our responses are in the same order as in your letters. <br />Response to April 17, 2006 Adeguacv Review Letter <br />Rule 6.4.3 Exhibit C-Pre-Mining and Mining Plan Maps <br />1. The applicant states that access roads to oil and gas facilities may be relocated <br />within the property if agreed to by the facility operator(s). Please be aware that the <br />owners/easement holders of roads will need to consent to relocation of the road in <br />the form of a notarized consent agreement. If not included during the review of this <br />application, it must be submitted in the form of a revision to the permit. As an <br />alfemative, the applicant can commit to maintaining a 200-foot mining off set <br />distance, or provide an engineering evaluation to mine closer than 200 feet. <br />Access to existing and future oil and gas wells and their associated structures is <br />addressed in the notarized Surface Use Agreements that Asphalt Paving Company <br />has signed with the oil and gas operators on this property -TOP Operating Company <br />and MEIII Corporation. The Agreement between MEIII and Asphalt Paving Co. was <br />submitted with the previous adequacy response letter, dated April 5, 2006. The <br />Agreement between TOP Operating Co. and Asphalt Paving Co. is included as an <br />attachment to this letter. <br />