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LAFARGE <br />NORTH AMERICA <br />Construction Materials <br />Homeowner's Association allowing for the use of the ditch for conveying dewatering <br />flows. The Smith & Emmons Ditch Company's consent is included in the agreement. <br />The Rural Ditch Company does not claim an easement on Idaho Creek through the <br />Duckworth property. <br />32. Banks and Gesso, LLC prepared and submitted a Flood Hazard Development Permit <br />application to Weld County. The estimated 100-yeaz flood surface elevation is 4871 ft., <br />the lowest elevation of conveyor support stand is 4872 ft. It was concluded that the <br />conveyor will not alter the impacts of flooding on adjacent or downstream properties, no <br />rise in the 100-year flood surface elevation will result from Lafarge's activities, and the <br />conveyor structure does not require anchoring. The Flood Insurance Rate Map for the <br />mine azea has been enclosed for your review. <br />33. The "Duckworth Wildlife Resources Assessment" prepared by a qualified biologist has <br />been included in Exhibit H of the 112 Reclamation Permit Application. <br />34. Please see Exhibit H for a description of general effect during and after the proposed <br />operation on the existing wildlife of the area: temporary and permanent loss of food and <br />habitat, interference with migatory routes, and the general effect on the wildlife from <br />increased human activity, including noise. <br />35. In order to relocate the Smith and Emmons ditch, a small number of trees, as little as <br />three but not exceeding twelve, will be impacted. The existing riparian corridor along <br />Idaho Creek will be undisturbed by the mining operation. <br />36. Lafarge will review the Division's estimate to reclaim the site when provided with the <br />forthcoming adequacy response. <br />37. Please find enclosed the Application for Substitute Supply Plan and Gravel Pit Well <br />Permit prepared by Applegate Group and currently under review by the Division of Water <br />Resources, Office of the State Engineer. <br />38. An Army Corps of Engineers Permit will not be necessary for the Duckworth Pit, please <br />see attached letter from Terry McKee of the Corps of Engineers. The Wetland <br />Delineation map prepared by Dr. Wanen Keammerer is also included, as Mr. McKee's <br />letter references mapped wetland polygons. <br />39. Documentation for the legal right to enter the easement associated with the Smith & <br />Emmons Ditch will be provided shortly. <br />LAFARGE NORTH AMERICA INC. -Lafarge Construction Materials <br />1400 West 64~" Avenue, Denver, Colorado 80221 <br />Telephone: (303) 657-4000 Facsimile: (303) 657-4037 <br />