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~^ Banks and Gesso, LLC <br />®® RECEIVED <br />MAR 1 12003 <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303}274-4277 <br />Fax (303) 274-8329 <br />www. ba nksan dgesso. com <br />March 10, 2003 Division ~f <br />Division of Minerals and Geology <br />Attn: Berhan Keffelew <br />1313 Sherman Street, Rm. 215 <br />Denver, CO 80203 <br />Permit #:~ -~ 999 Dn\ Confidental?: N <br />ClassQ~_ Type-Seq.:_~_ <br />From: ~__ `. o _~ /tfllt- <br />Doc. Name: ~I~l1~Ly ~ ~D IQ <br />Doc. Date (if no date stamp): ~ ~-. <br />RE: M-1999-005; Amendment #1 - Adequac <br />Dear Mr. Keffelew: <br />We are in receipt of you letter, dated February 24, 2003, in regards to the Division's <br />Adequacy Review of the North River Pit Amendment No. 1 application (file M-1999-005). <br />Our response to your review will follow in the same order presented in your letter. <br />A letter of from the United States Army Corps of Engineers regarding their <br />review of the Wright Water Engineers wetlands delineation report and <br />subsequent visit to the site for their own inspection has been attached for <br />your reference. The Corps has concurred with the findings of the delineation <br />report. <br />III (1) The fence along the western property boundary belongs to the landowner. <br />However, please note that the landowner and the owner of the operating <br />company are the same person. John Paul Ary owns the land and is also the <br />owner of All-Rite Paving and Ready Mix. <br />III (2) According to an aerial photograph of the area, the sewage lagoons owned by <br />the sanitation district are approximately 200 feet from the property boundary. <br />The plan indicates that the mining boundary will be off set from the property <br />boundary by approximately 50 feet. This would place the sewage lagoons <br />outside of the 200 foot setback required by the Division. The Applicant has <br />committed to remaining at least 200 feet from the lagoons. Lastly, during the <br />original application process, an agreement was reached with the sanitation <br />district, which addresses this concern. This agreement is attached for your + <br />reference. <br />IV (1) A Weed Control Plan has been attached to this correspondence for your <br />review. <br />VI (8) We estimate the cost of implementing the proposed weed control plan to be <br />approximately $5,000.00. <br />VIII (1) As indicated in the text portion of Exhibit C of the Amendment Application <br />package, one property has changed ownership since the time of the original <br />application. Charlene Phillips, the farmer owner of the parcel identified in the <br />