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ERO Resources Corp. <br />1842 Clarkson Street <br />Denver, CO 80218 <br />(303)830-1188 <br />Fax: 830-1199 <br />Denver • Boise <br />ero@eroresources.com <br /> <br />May 25, 2005 <br />Ms, Katie Fendel <br />Leonard Rice Engineers <br />2000 Clay Street, Suite 300 <br />Denver, Colorado 80211 <br />RE: Review of Natural Resources Issues for MMRR Quarry Mine Permit <br />Application <br />Dear Ms. Fendel: <br />As you requested, I reviewed the proposed MMRR quarry mine permit application <br />(File # M-2004-67) for potential natural resource issues. Based on the review of the <br />permit application, the March 23, 2005 Response to Adequacy Review, and public <br />comments, I have the following comments: <br />Jurisdictional Waters of the U.S. <br />The Clean Water Act as regulated by the U,S. Army Corps of Engineers protects <br />jurisdictional wetlands and waters of the U.S. Jurisdictional wetlands and waters of <br />the U.S. may occur on the property within ephemeral drainages and on Cottonwood <br />Creek. A Corps permit would need to be obtained prior to the discharge of fill <br />material or mechanized land clearing within jurisdictional wetlands and waters of the <br />U.S. (as described in its (November 18, 2004 comment letter; reference ftle <br />#200080587). <br />In reviewing the documentation, it does not appear that a jurisdictional wetland <br />determination has been completed for the site to determine if any wetlands or waters <br />of the U.S. are present. To be in compliance with Section 404 of the Clean Water Act, <br />the applicant should complete and submit a jurisdictional wetland delineation to the <br />Corps for its review and written approval, and have all required authorizations from <br />the Corps before the start of any activities within the project area. <br />CDOT Highway Access Permit <br />As stated in the December 30, 2004 letter from the City of Black Hawk, the CDOT <br />highway access permit has expired. The applicant must amend the expired permit or <br />reapply for a new permit. Additionally, the applicant is required to submit the <br />following environmental clearances to CDOT before notice to proceed is granted: <br />• Threatened and Endangered Species Clearances - At a minimum, this <br />would require a habitat assessment of the site and coordination with the U.S. <br />Fish & Wildlife Service. <br />Consultants in Natural Resources and the Environment <br />