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Februazy 24, 2003. <br />Permit ~~~99~ - OQ~ Confidental?: <br />Class: Type-Seq.: <br />Mr. Paul Banks From: To: <br />Doc. Name: <br />Banks and Gesso, LLC Doc. Date (if no date stamp): owl - <br />720 Kipiling St., Suite 117 <br />Lakewood, CO 80215 <br />Re. M-1999-005, Amendment # 1 Adequacy Review. <br />Deaz Mr. Banks <br />The Division has reviewed the Amendment application and has the following adequacy <br />concerns. <br />I) Under the introduction portion, the operator states, "prior to approval of the <br />original permit, the amended azea was withdrawn from mining due to <br />concerns about the potential existence of wetlands. Since the time of the <br />original application, the Applicant has had a wetlands delineation report <br />performed by Wright Water Engineers, which indicates that no wetlands exist <br />on this property. During the pre-operational inspection, Mr. Ed Kite had <br />indicated that representatives from the Army Corps. had visited the site and <br />had also concluded as you suggested. However, the letter from the Army <br />Corps. was not included with this application, please provide the letter. <br />II) EXHIBIT A AND B ADEQUATE <br />III) EXHIBIT C <br />I) During the pre-operational inspection, a fence was noted along the West <br />side of the Amended azea, Rule 6.4.3 (g) requires the operator to show the <br />owners name of all man made structures contained on the azea of affected <br />land and within 200 feet of the affected land. Does the fence belong to the <br />landowner or the operator? Please explain. <br />2) Based on the scale you provided 1 "- 500', the proposed affected acreage <br />appeazs to be within 50 to 60 feet from the sewage Lagoons and pump <br />station along the North side of the Amended azea. Please provide the <br />written agreement between the operator and the Sanitation District that <br />allows the operator to mine with in 60 feet of these structures, in lieu of an <br />engineering study, that proves, mining with in 60 feet of these structures <br />will not adversely affect the structures. <br />