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Mr. Terry McKee Page Two <br />May 25, 2006 <br />In July of 2005 the draft FCMP and associated Conditional Letter of Map Revision (CLOMR) was <br />reviewed by Weld County and forwarded to FEMA. On February 14, 2006 FEMA completed its <br />review with no major comments. <br />VCI is anticipating implementing a portion of the FCMP shortly by removing the remaining portion <br />of the berm above the proposed spillway. Additional features associated with the implementation of <br />the FCMP will occur as mining and reclamation activities continue. The concrete sill and bank <br />protection will be constructed once the land side of the spillway (in the pit) is filled, settles and is <br />stable to support construction activities. <br />We are requesting your written comments and conclusions of this project relative to the USACE's <br />regulatory jurisdiction. We appreciate your review of this submittal. If you have any questions or <br />comments concerning any of the enclosed information, please do not hesitate to call Chris Varra at <br />(303) 666-6743 or me at (970) 226-0120. If you would like to see the project site feel free to call and <br />schedule a visit. <br />Sincerely, <br />AN(IERSON CONSUUING ENCIINEERSr INC. <br />[?~~~~ <br />Chris J. Paule , P.E., C~ <br />Y <br />Project Manager <br />CJP/vla <br />Attachments: A. DMG, October 27, 2004 Findings of Fact, Conclusions of Law and Order <br />B. Durham Pit FCMP Construction Drawings Apri12006, FINAL For Construction <br />__ ,.[ACE Stamped,_May 16, 2006] _ __ _ __ __ _ <br />C. Section 404 Compliance Letter dated March 30, 2004 <br />Cc: Chris Varra, Varra Companies, Inc., w/o attachments <br />Kim Ogle, Weld County Planning Department, w/o attachments <br />Tom Schreiner, Division of Mineral and Geology, w/o attachments <br />COVC03-01 USACE Terry McKee LTl-FINAL.doc <br />