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ANdER50N CONSULTING ENGINEERSr INC. <br />Civil Water Resources Environmental <br />December 14, 2004 <br />Mr. Forrest Leaf, P.E. <br />Leaf Engineering, Inc. <br />82013x' Street <br />Greeley, Colorado 80631 <br />Re: Summary and Schedule for Completion of Conditions for Varna Companies, Tnc. <br />Amended Mining Permit (ACE No. COVC03-Ol) <br />Dear Forrest: <br />Pursuant to our telephone conversation on Monday December 6, 2004 and in accordance <br />with the "Findings of Fact, Conclusions of Law and Order: In the Matter of the <br />Amendment Application of Varna Companies, Inc. (VCn, over Objections" dated <br />December 6, 2004 by the Colorado Mined Land Reclamation Board (CMLRB) (see <br />Attachment A), I would like to provide you with the following summary and schedule for <br />completion of the conditions associated with flood control issues in the amended Durham <br />Pit mining permit. As stated in the "Findings", VCI has made the following two <br />commitments: <br />a. Evaluate and implement interim flood control measures (as agreed to by VCI, <br />Bliss Produce Company, and the appropriate review agencies) as necessary to <br />protect the Bliss Produce Company structures from the 100-yeaz flood event until <br />the Comprehensive Flood Control Plan (CFCP) is implemented. <br />b. Provide a CFCP to the Division of Minerals and Geology by March 30, 2005 and <br />to the applicable local, state, and federal flood control agencies by Mazch 31, <br />2005. <br />In summary, as required by the CMLRB the conditions of pemrit approval are as follows: <br />1. No additional fill will be placed in the effective floodway unless approved by the <br />appropriate local, state, and federal authorities; <br />2. No modifications to the existing berm unless approved by the appropriate local, <br />state, and federal authorities; <br />3. Design plans and specifications for future modifications to the existing berm must <br />be prepazed and signed by a registered professional engineer with experience in <br />floodplain hydraulics; <br />4. VCI will submit as-built design plans within 30 days after completion of any <br />modifications to the existing berm; and <br />5. VCI will provide a progress report to the CMLRB at the December 2004 meeting. <br />COVC0.3-01 F_I.eaf Ltrl.doc <br />772 Whalers Way, Suite 200 • Fort Conies, CO.80525 <br />Phone: (970) 226-0120 • Fex: (970) 226-0121 • www.acewateccom <br />