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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />Apri121, 2004 <br />DIVISION OF <br />MIN ESRALS <br />GEOLOGY <br />0.ECLAMATION•NINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Michael Savage <br />Savage & Savage <br />464 West Sumac Court <br />Louisville, CO 80027-2227 <br />RE: Green/Croissant Property Sand & Gravel Mine, "Wetlands Mitigation" <br />Permit No. M-2001-022, Class: General Documents <br />Dear Mike: <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Tnlstee <br />As a follow up to our April 13, 2004 meeting regarding wetlands mitigation at the <br />Green/Croissant Property, the Division wishes to summarize issues discussed and agreed <br />upon. It is our understanding that the U.S. Army Corps of Engineers (COE) now requires <br />mining operators to complete their wetlands mitigation prior to the start of mining <br />activities. It is also our understanding that 5.44 acres of jurisdictional wetlands within the <br />Green/Croissant Property permit area will be disturbed via mining and that the operator <br />will create 3.50 acres of relocated oxbow channel wetlands and 3.SS acres of wet <br />meadow wetlands as mitigation prior to the start of mining activities. As a result of these <br />conditions, you had requested that the Division rescind its requirement for the operator to <br />submit a revision and reclamation bond adjustment upon completion ofthe COE <br />wetlands permitting process. <br />Following is a list of conditions agreed upon during our meeting. <br />• The operator will keep the Division informed throughout the COE permitting <br />process for wetlands mitigation. <br />• No pemut or reclamation bond modification will be required as long as the <br />operator completes the COE permit process and required wetlands mitigation <br />prior to the start of mining activities. (Please see attached copy of the operator's <br />previous commitment for a permit and bond modification per Item 2 of June 20, <br />2001 correspondence from Banks & Gesso, LLC to the Division). <br />• In the event that any additional or non-mitigation wetlands will be created within <br />the permitted area via site reclamation, the operator will incorporate the plans and <br />reclamation costs for such additional wetlands into the permit. Any additional <br />wetlands to be created within the permit azea that aze not already specified in the <br />Office of Office of Colorado <br />Mined Land Rxlamation Active and Inactive Mines Geological Survey <br />