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1 <br />TUE 03 10 PM PETERSEN & FONDA, PC 719 542 0515 P. 04 <br />olorado Division oP Mining and Geology <br />ebruary 25, 2003 <br />age 3 <br />ngineers has apparently determined that this site ~s a non- <br />'urisdictional wetland. Amore thorough review, as has <br />pparently been conducted by the Colorado Department of Wildlife, <br />owever, may demonstrate otherwise. For example, Froze Creek <br />lies in the affected area and lies within the drainage basin of <br />he Arkansas River. The application indicates that <br />xcavation/mining indeed will take place within the channel of <br />roze. Creek. There are existing decrees for diversion of Froze <br />reek surface water downstream of this. site which could We <br />~dversely affected by the mining activities, The presence of <br />these water, rights and others downstream on Grape Creek may also <br />have bearing on the determination of whether the channel and <br />related wetlands should be considered "waters of the U. S." or <br />"jurisdictional wetlands" for a permit considerations by U. S. <br />Corps of Engineers. The Colorado State Engineer and Colorado <br />Water court for Division 2 have determined that Froze Creek is <br />tributary to the Arkansas River. Since receiving the permit <br />application, my client's experts have been prevented from <br />evaluating the area for indications of wetland vegetation because <br />of the snow cover currently present. This is of particular <br />concern, also, in the oontext of the proposed concrete and <br />asphalt hatching plants. <br />It-is important to reiterate the Colorado Department of <br />Wildlife's recommendation/evaluation concerning maximum <br />excavation areas being in increments of not greater than five <br />acres. It greatly concerns my client that this evaluation has <br />been ignored. It logically follows that larger increments of <br />excavation/mining will have larger wildlife, vegetation, and <br />water impacts than would the more restricted recommendations of <br />the Colorado Department of Wildlife. <br />Due to the limited water resources in the project area, the <br />application should specify the water sources to be used in the <br />washing and treatment of the aggregate'to bo mined. Details <br />should also be provided regarding the asphalt and concrete <br />production plans for the area, as well as a description of the <br />related w~tor supply requirements and discharge characteristics <br />in terms of both quantity and quality. <br />The application a15o seeks approval for removal and sale of <br />topsoil. This request, in and of itself, demonstrated a lack of <br />commitment to meaningful reclamation, Topsoil is normally <br />required to be saved £or site reclamation. Not only does the <br />application not provide for that eventuality, it seeks to ha+re <br />topsoil removed and available for sale. <br />