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LIND, LAWRENCE ~ OTTENHOFF LLP <br />ATTORNEYS AT LAW <br />THE LAW BUILDING <br />7011 ELEVENTH AVENUE <br />GREELEY, COLORAD080831 <br />WEB PAGE: LIOLAW.COM <br />GEORGE M. OTTENHOFF .TELEPHONE <br />KENNETH F. UNO (BM) 5689180 <br />K1M R. LAWRENCE (970) 368.7423 <br /> TELECOPIER <br />P. gNDREW JONES (970)868-7111 <br />RICHARD T. LIPUMA kelry®IlolAw.mm <br />KELLY J. OUSTER <br />September 24, 2003 <br />Mined Land Reclamation Board <br />c/o Ms. Kate Pickford <br />Environmental Protection Specialist <br />Division of Minerals and Geology <br />1313 Sherman St. #215 <br />Denver, CO 80203 <br />VIA FAX NO. 303-832-8108 <br />Re: Heft Sand and Gravel Mine, Permit No.003-016 <br />Dear Ms. Pickford: <br />As we discussed earlier this morning, Aquatic and Wetland Company (AWC) and the <br />applicant have a reached an agreement, whereby AWC will withdraw its objection to the <br />permit application. The Agreement, a copy of which I attach for your convenience, is not <br />signed as of the writing of this letter. I spoke with Bob Bruce, attorney for the applicant, <br />and he confirmed that the version I am faxing you is acceptable. He was leaving for the <br />hearing, and expects his client to sign the document upon his arrival. We agreed that he <br />would tender the signed document to you and that you would it to me by way of <br />wnfirmation. The have agreed to the draft as well and will sign as soon as I can locate <br />them. <br />Assuming the Agreement is signed, AW C withdraws its objection to the permit application. <br />The parties have agreed that the permit application be amended to reflect the terms of the <br />agreement (see paragraph 6), so I ask that you and the applicant present the agreement to <br />and this letter to the Board for this purpose, and make the document a part of the <br />adjudicative record. Paragraphs 3, 4 and 5 present the amendments to the permit <br />application relevant to the permit itself. In summary, the applicant agreed to: <br />E:1PA.~CoylelPick[ord 030924.dcc <br />i00~ O~Z'! iSST 95C OL8 %V3 ZY~80 Q3ES CO/i+Z/80 <br />