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MASSEY <br />SEMENOFF <br />SCHWARZ & <br />HUDSON~S BAY CEMRE <br />1600 $TOIR $iREET, SUITE 1700 <br />DENVER, COLORAD080202 <br />TELEPHONE 303.893. I B I $ <br />FAx 303.693.1829 <br />www.mssdenvedaw.com <br />JEFFREYW. SCHWAR2 <br />303.893.0999 <br />jschwarz@msstlenverlaw.com <br />BAILEY, P. C. H"M~npgW,,~I gg22~pp0 <br />ATTORNEYS AT LAW <br />MEMORANDUM <br />TO: J. Scott Franklin <br />United States Army Corps of Engineers <br />Denver Regulatory Office <br />DATE: June 4, 2002 <br />RE: March 4, 2002 DA Permit No. 199380590, Amendment No. 1 -- Howe <br />Pit/Bull Seep Vegetation Issues <br />Scott, this memorandum follows up on our brief conversation at your office on <br />Thursday, May 16, 2002 regarding vegetation requirements specified in Special <br />Condition I of Amendment No. 1 to DA Permit No. 199380590. Special Condition I <br />provides that wetland vegetation in the relocated BuN Seep at the Howe Pit be planted <br />in accordance with "General Planting Notes" set forth on Sheet 7 to the "Bull Seep <br />Relocation Construction Plans" (02/25/02), as supplied both to your office and the <br />Division of Minerals and Geology ("DMG") on February 27, 2002. The following <br />summarizes potential inconsistencies and clarifications in Amendment No. 1 that we did <br />not catch when we reviewed draft Amendment. <br />• Exhibit G-1, "Haller/Howe Pit, Adams County, Colorado," (5/2/90, revised 8/7/90) <br />in the original Mined Land Reclamation Board ("MLRB") permit contains "General <br />Notes" pertaining to Bull Seep vegetation requirements. Item 4 in the General <br />Notes states, in pertinent part: "Tubers and live stakes shall be randomly <br />spaced at 4' on center." (Emphasis added). <br />o Recall that prior to its amendment, DA Permit No. 199380590 did not <br />specify any vegetation performance standards for the relocated Bull Seep. <br />o Sheet 7 to the "Bull Seep Relocation Construction Plans" (02/25/02) was <br />intended to reflect the planting density in the 1990 MLRB permit. <br />Sheet 7, "Bull Seep Relocation Construction Plans" (02/25/02), contains "General <br />Planting Notes," Item 5 of which provides: "Live stakes/plugs and/or nursery <br />stock shall be installed to equal approximately one plant per four sq. ft <br />