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BANKS AND GESSO LLC <br />`Western ~c4asystems, Irtc. <br />Ecalog2ca[ Caruscltants <br />9t75 `West Coach 7Z,aad, Bvufder, Colora~fo 8030.2 (303)442-6244 <br />February-14,2007 <br />Colorado Division of Rec]amation, Mining, and Safety <br />Atin: Richard Wenzel <br />1313 Sherman St, <br />Denver, CO 80203 <br />Re: Overlook Mute, Town of Granby, File #M-2006-075 <br />Dear Mr. Wenzel: <br />RECEIVED <br />PAGE 03/05 <br />FEB 15 2001 <br />Division of Reclamation, <br />Mining and Safety <br />At your request, we met with Mr. Kirk Oldham, Colorado Division of Wildlife (CDOW) District <br />Wildlife ManagE~r, to discuss the CDOW's November 30, 2006 referral letter regarding wildlife <br />concerns associated with ongoing operation of the Overlook Mine, located within Granby Ranch <br />and the Town of Granby (Town). <br />As background, the Overlook Mine has been an active gravel ogeraton far approximately 15 years. <br />It is located on a knoll surrounded by the Granby Ranch golf course, which operates as such <br />generally from mid-May to mid-October, and is used for Nordic skiing in winter. Continued <br />operation of the mine would be no different than what has occurred in the past. <br />In 2003, the 5,000 acre Granby Ranch property waa annexed to the Town of Granby, and zoned for <br />development of a mixed-use, planned community (which is what it was zoned for in the County, as <br />well, except at a much higher overall density in the County). The Town zoning approval <br />specifically allows for the continued use of the Overlook Mine for sand and gravel operations for a <br />period of IS years, at which point the site is to be developed as a residential subdivision. This right <br />to continued use for sand and gravel operations was vested by the Annexation and Development <br />Agreement entered into by the developer and the Town. in connection with the annexation. The <br />CDOW was a referral agency in connection with the 2003 annexation/rezoning and participated in <br />that process. <br />Tn addition, prior to the annexation to the Town, Granby Ranch addressed the CDOW's concerns <br />regarding the impact of the development on elk and other wildlife by agreeing to subject a 450 acre <br />pazcel of land to a permanent conservation easement. Granby Ranch also previously entered into a <br />Wildlife Mitigation Plan with the CDOW covering the entire Granby Ranch project to address <br />potential impacts and wildlife related issues. Of course, we realize the value that wildlife adds to <br />the community, and have every interest in preserving this asset of the community. <br />#1224471 v3 <br />