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~~ - / <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />~/ <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303)832$106 <br />January 12, 2005 v <br />Ms. Lynn Mayer <br />L. G. Everist, Inc. <br />7321E 88`s Ave., Suite 200 <br />Henderson, CO 80640 <br />/ ~ <br />RE: Fort Lupton Sand and Gravel, Permit No. M-1999-120, Rescheduling of Prehearing <br />Conference and Board Heazing, and Adequacy Review Status <br />Deaz Ms. Mayer, <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />0.f CLAM ATION•MINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Enclosed you will find a notice that the Prehearing Conference and the Boazd Hearing for the Fort Lupton Sand and Gravel <br />permit amendment application have been rescheduled. The Division of Minerals and Geology is in receipt of your responses <br />to verbal comments related to the First Adequacy Review responses to the Amendment Application for the Fort Lupton Sand <br />and Gravel site, received by the Division on January 4. Please be aware that the verbal comments related on January 6 were <br />large issues, which appeared as if they would prevent a recommendation for approval in the short time frame presented by the <br />January 10'" recommendation date. The Operator was only contacted dvectly regarding these comments because a <br />representative for the Applicam was not available to address these issues and supply advice to the Operator at the time. The <br />purpose of the verbal comments was to impress upon the Operator that an extension request might be merited. <br />Under the new rules, the Prehearing Conference is to be scheduled after the recommendation date. The Prehearing <br />Conference had been scheduled for January 12, 2005. Therefore the necessity to reschedule the Prehearing Conference, if an <br />extension was requested, also had to be addressed in a timely manner. At the time of that conversation, it was also conveyed <br />that the Wright Water Engineers Groundwater Study had not yet been reviewed, and [hat there would likely be questions <br />related to that review. <br />An extension request for the recommendation date (extending it to January 28) and the decision date was received by the <br />DMG on January 7. Review of the First and Second Adequacy responses should be complete prior to the end of this week, <br />January 14. At that time the Second Adequacy Review will immediately be faxed to both the Applicant and the Operator. <br />Please be aware that the DMG is required to review the information related to permit applications and revisions in a thorough <br />manner to assure that all of the issues and the rules and regulations are adequately addressed. Generally, submittals that <br />involve more complex technical reviews can be expected to require at least two weeks review time with the DMG. The First <br />Adequacy Review letter clearly stated that the adequacy review items needed to be addressed to the satisfaction of the <br />Division in a timely manner allowing for adequate time to review the responses or an extension to the recottlmendation and <br />decision date should be submitted. [t is common that additional adequacy comments will arise during the review of initial <br />adequacy responses. <br />If you have any questions, please do not hesitate to contact me at (303) 866-3863. <br />Sincerely, - <br />arl B. Mount ' <br />Senior Environmental Protection Specialist <br />cc: '/Kate Pickford; DMG <br />Paul Gesso; Banks and Gesso LLC <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />