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LEAVENWORTH &KARP, P.C. <br />Page 2 <br />April 5, 2002 <br />to a minimum around the lake. Their plan is to eliminate all vegetation when they take possession <br />of the property." Not only are we unaware of the source of these statements, we do not believe <br />them to be accurate. Elimination of vegetation would increase erosion into the pond, diminishing <br />its value for the City's intended purpose. Therefore, we believe the areas around the pond should <br />be revegetated to minimize the erosion potential. Furthermore, we have not had an opportunity to <br />review the stability of the rip rap along the rivers edge of the Phase I property. We would like <br />additional time to allow our engineer to do so. <br />Further, we noted that the Reclamation Plan represents that the Phase I property does not <br />require a water augmentation plan or well permit since it was mined prior to 1980. On the other <br />hand, the Minerals Program Inspection Report we received from Russ Means dated March 28, 2002 <br />includes a discussion of the need for a well permit and augmentation plan. As to the westernmost <br />pond (a/k/a the Bailey Pond), which statement is correct? <br />After you have had a chance to review this letter, please advise me as to whether our request <br />for additional time can be granted, and until when. <br />I look forward to hearing from you. <br />Very truly yours, <br />LEAVENWORTH &KARP, P.C. <br />LEL: mm <br />cc (via fax): Selby Myers <br />Davis Farrar <br />Bill Sappington <br />Jefferey S. Simonson <br />Tim Thulson, Esq. <br />~~• <br />Lo al . Lea e orth <br />I:p002\Cliems\R IFLE\R-2\Leners\Shuey-1. wpl <br />