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~~ Banks and Gesso, LLC 720 Kipling St.,Suite117 <br />®~ Lakewood, Colorado 80215 <br />RECEIVED Fa03( 03) 274 8329 <br />August 14, 2003 AUG 1 5 2003 wwvv.banksandgesso.com <br />Clivisian of Minerals and Geebsy <br />Mr. Gregg R. Squire <br />Environmental Protection Specialist ~ <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 / <br />RE: Mo ain Agareaate mpire Pit Permit No. M-1977-534 ~~ ~ 1 <br />esponse to Adequacy Letter T <br />Dear Gregg: <br />This letter is in response to your Adequacy Letter dated August 4, 2003 for the Empire Pit. Our <br />responses are listed in the same order as presented in your letter. <br />1. Map Exhibit C-1-Russell Property Boundary: Attached please find 2 copies of this revised <br />map with the Russell property boundary correctly located. The Russell property is adjacent to and <br />west of the "Proposed Permit Boundary". <br />2. Floodplain Impacts: Please see the attached letter from Stephen L. Jamieson, P.E. of W.W. <br />Wheeler and Associates, Inc. (Wheeler) for a discussion of the floodplain analysis. Wheeler's <br />analysis indicates that there will be "no impact on the floodplain because the flood levee is being <br />constructed well above the 100-year floodplain." <br />3. Seed Mix: Please see the attached Wheeler letter for updated seed mix and mulch information. <br />4. Exhibit L: We will be happy to provide additional information as necessary for the Division to <br />calculate the required financial warranty. <br />5. Reportable Spills: This stipulation regarding notification to the DMG of a reportable spill is duly <br />noted. <br />Also attached please find a copy of signed structure agreements between the applicant, Mountain <br />Aggregates, Inc., and Xcel Energy/PSCO and the Colorado Dept. of Transportation. You will note that <br />Mr. Marquez of Mountain Aggregates, Inc. inadvertently forgot to have his signature notarized on both <br />documents. I will forward copies of the fully notarized agreements as soon as possible. <br />Please let me know if you require additional information to approve this amendment. Thank you. <br />Sincerely, <br />~y~C2(~ V <br />Maureen Jacoby <br />