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~~ Banks and Gesso, LLC 720 Kipling St.,Suite117 ~. Lakewood, Colorado 80215 ~iil`_~~lc~°.~' :., (303)274-4277 Fax (303) 274-8329 JAR 2 2GG5 www~banksandgesso.com January 25, 2005 9lelaion of '.:a:^ .. '..;nsta~~ Tom Schreiner Colorado Division of Minerals and Geology 1313 Sherman Avenue Denver, CO 80202 Re: File No. M-2004 067, Extension of Decision Date /y/v~RR (~uarrY - - -class: P~T,~~f - - - - - - - - -- --_ - - - Dear Mr. Schreiner: In a letter dated January 14, 2005, you informed us, as the permitting representative for the MMRR Quarry (Regular 112 Application No. M-2004-067), that the case was being scheduled for a decision date of January 31, 2005. As we have discussed regarding the MMRR Quarry application, the applicant is willing to extend the decision date to provide time for a thorough response and review of questions raised in the adequacy process. The Division issued an initial adequacy letter on January 21, 2005. This adequacy letter lists a decision date of February 7, 2005, but specifically leaves comments related to geotechnical analysis for a future letter. Whether the decision date is January 31 or February 7, we do not believe that this amount of time is sufficient to develop a detailed technical response. The recent issuance of the Division's adequacy review letter and the still-pending status of some comments cause us to believe that extension of the decision date to Monday, May 23, 2005 (an extension period of 114 days) is appropriate at this time. Given these considerations, the applicant in Case No. M-2004-067 waives its right to a recommended decision within 90 days and requests extension of the recommended decision date to May 23, 2005. We reserve the right to request further extension of the decision date in the future should appropriate circumstances arise. Thank you for your assistance in this matter. Sincerely, BANKS AND GESSO, LLC Alatz cc: copy to DMG file Clear Creek Water Providers Chris Hayes, Esq.