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LAW OFFICE OF <br />` ~ cc77 // <br />.}rarth ~. ~rtedi <br />P. O. BOX 2185 <br />835 EAST SECOND AVENUE, SUITE 220 <br />DURANGO,COLORADO 81302 <br />(970) 247-9246 <br />FAX (970) 259-2793 <br />July 19, 2004 <br />Colorado Division of <br />Minerals and Geology <br />Attn: Bob Oswald <br />701 Camino Del Rio, Room 125 <br />Durango, Colorada 81301 <br />R~~'v~d <br />~Uj <br />202 <br />U4,~S~on °n9oF 0~ <br />oty~ ~eiy <br />~~ $~~~ <br />,,*' <br />RE: 112 Construction Materials Reclamation Permit Amendment Application Package ~l -~ 1 <br />Permit No. M-1987-064 :- s"~s~,~,a r~i f <br />Dear Mr. Oswald: <br />~ZP.S~G +tiS'e 'FD ~gS d ~~ ecfz'a w ; ~.•` <br />This letter is written in response to Gordon Greve's e-mail to you of July 15, 2004. <br />I am not sure what all you included in the materials you sent to Mr. Greve. I assume it included the <br />hydrological report, A Study of Sandco Reach of the Animas River, prepared by Southwest Hydro-Logic, <br />since Mr. Greve makes reference to that report generally about the 100 year flood plain. I do not know if <br />you called to Mr. Greve's attention the Geotechnical Stability Exhibit that was submitted with Dillon's <br />application with the DMG (copy enclosed for your ready reference). As you can see, the proposed <br />boundaries of the pit aze a minimum of 300 feet from the bank of the Animas River and the river bank <br />armament to be installed have been approved by the U.S. Army Corps of Engineers is shown on the maps <br />and illustrations. Since the project is 300 feet beyond the bank of the river, the pit itself is outside the <br />jurisdiction of the U.S. Corps of Engineers except for the river crossing. Presumably, if the Army Corps <br />is satisfied and have approved the bank armament for the river, that approval should satisfy the Division <br />of Minerals and Geology. <br />Taking Mr. Greve's statement to its logical conclusion that "erosion in the river bank is going to <br />take place regardless of whether the river is in flood stage or not," then there should be no buildings or <br />structures in the Animas Valley at all including Dalton Ranch Subdivision. <br />If you need anything further, please let me know. <br />. Very truly yours, <br />FJA:msk <br />Enclosure <br />G:,._~~ <br />Franke - <br />cc: Sandco,Inc. <br />Win Wright <br />