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Page 2 of 2 <br />noise would not interfere with lek activity, then the DOW would agree to allow the March and April start-time <br />restriction to be wholly or partially lifted at some future time. This restriction would likely be formally lifted via a <br />Technical Revision to the State (DMG) Reclamation permit, in which King Mountain provides the study, and proof <br />of the DOW's concurrence with its conclusions, to the DMG for review and approval. <br />Would you please contact Erica Crosby at the DMG (erica.crosby~a state.co.us) regarding our discussion, and let <br />her know if you concur with my above comments? Thank you so much for getting back to me on this issue so <br />quickly. <br />Maureen Jacoby <br />BANKS AND GESSO, LLC <br />720 Kipling Street, Suite 117 <br />Lakewood, CO 80215 <br />(303) 274-4277 office <br />(303)274-8329 fax <br />(303) 868-1963 cell <br />3!14(2005 <br />