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cd,~ <br />~..lC~ ~P~~'~p~~"ls~sy llc <br />Sand, Gravel & Rock Products <br />1200 E. 1st Street - P.O. Box 1665 <br />Craig, CO 81626 - 970-824-0225 <br />/' <br />April 18, 2006 <br />Mr. Carl Mount <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 EC~(1,/~® <br />Denver, CO 80203 <br />Rpg~ <br />Re: Deakins Pit MLRB permit # M-2001 060 g~oleion of Minerals a <br />nd geology <br />Deaz Carl: <br />This letter is in regard to our previous conversation c~eerning Phase3 of 3B Enterprise's mining <br />plan. Enclosed please find a copy of the well e~rm_i_t issued by the State Engineers Office <br />allowing the dewatering and evaporation o~ a'dditional exposed ground water. In the matter <br />concerning the possibility of jurisdictional wetlands, as referenced by the Army Corp. of <br />Engineers, additionally enclosed is the permit application submitted to the Corp. After several <br />attempts to point out the obvious to Nathan Green of the Corp., I have hired hydrologist Kent <br />Krofts and Civil Engineer Bob D. Baker. After several on-site consultations with Mr. Krofts and <br />Mr. Baker and with the completion of numerous topographic surveys of the "Phase3" pasture <br />and ground water levels, we have come to the overwhelming conclusion that the existing water <br />would literally have to run "uphill" to meet the hydrology requirements as defined in the <br />"wetland delineation manual" of the Corps. Therefore, as stated in said manual, this land is <br />considered to be a "man induced wetland" which according to the very same manual is "not <br />considered a wetland" which eliminates approximately 94% of the jurisdictional lands. In regazd <br />to the other 6% of property, which is questionably under the Corps. jurisdiction, has been clearly <br />delineated and mapped by Mr. Krofts supports that any activity occurring in this azea will be <br />strictly excavation, and therefore, not jurisdictional under the Army Corps. of Engineers. <br />Mr. Kent Krofts will be forwarding a copy of the wetland map and report upon completion. <br />In summary, I am requesting that Phase3 be released upon bonding so that I am justifiably able <br />to maintain my current production. Please call when you have had time to review my request. <br />Sincere <br />Steve Baker <br />3B Enterprises, LLC <br />(970) 326-7356 (cellular) <br />