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Exposure of groundwater is not anticipated and would be covered as indicated <br />above if encountered. <br />7. Please pivvide a written response from the US Army Corps of Engineers as to whether <br />the Sandy Creek to be mined is considered to be "waters of the US" and whether a 404, <br />Nationwide, or other permit from the Corps will be needed prior to initiation of mining <br />activities. Please address. <br />A written response from the Army Corps of Engineers is attached, indicating that a <br />Department of the Army permit will not be required for work at this site. <br />Copies of the Proof of Publication and proof of notice to the adjoining landowners are <br />attached. <br />I hope'you find that the concerns specified in your letter of April 11, 2007 have been <br />addressed. If any additional information is needed to clarify these responses, or if any <br />other information is needed to finalize the application, please give me a call at 970-854- <br />3778 at your earliest convenience. <br />Sincerely, <br />~~~~ <br />Randy Schafer <br />Consultant <br />ce: Gregory Larson <br />Phillips County Clerk <br />Enclosures: Cross-sections for Areas 1, 2, and 3 <br />Profile of Intermittent Stream Bed <br />Revised Cost Estimate <br />Revised Calculation Notes <br />Copy of written response from the US Army Corps of Engineers <br />Proof of Publication <br />Proof of notice to adjoining landowners <br />4 <br />