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SEP-16-2005 FRI 03 35 PM BANKS AND GESSO LLC FAX N0. 303 274 8329 P. 02 ~~ Banks and Gesso, LLC ~~ September 16, 2005 Tom Schreiner Colorado Division of Minerals and Geology 1313 Sherman Avenue Denver, CO 80202 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303)274.4277 Fax (303) 274-8329 www. banksandgesso.com Re: File No. M-2004-067, Modified Extension of Decision Date ~;Q-,,~; /~~~ Dear Mr. Schreiner: As permitting representative for the MMRR Quarry, we are in receipt of the Division's September 16 correspondence requesting immediate response to two public comment letters dated September 12, 2005. We are concerned that public comment has been accepted and incorporated into adequacy review at such a late and untimely date. It appears at this time that extension of the decision date for the MMRR Quarry application will be necessary to address comments submitted outside of the process defined by agency rules and regulations. On June 30, 2005, the applicant in this case waived its right to a recommended decision until October 19, 2005. The June waiver and extension also stipulated that the applicant desired an October 2005 Board Hearing. With this letter, the applicant shall remove the stipulations of the June 30 letter. This letter is submitted with the understanding that, as a result of the waiver contained herein, the Division's recommended decision date will no longer fall on this day, September 16, 2005 and is accordingly extended to provide additional review time, during which the applicant and the Division will determine an appropriate period for the resolution of outstanding adequacy issues. Thank you for your assistance in this matter. Sincerely, BAN SAND GESSO, LLC ~~_. ~ - ~ Alex S hatr encl: Reference copy of June 30, 2005 letter cc: file Chris Hayes, Esq, Bob Lembke, CCDWP