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<br />~~ Banks and Gesso, ....., <br />~~ <br />June 20, 2001 <br /> <br />7201Gpling St,Sude117 <br />Lakewood, Colorado 80215 <br />(303)274-4277 <br />Fax (303)274-8329 <br />www. banksarxtgesso.com <br />Thomas Schreiner IREC~1 VED <br />Colorado Division of Minerals and Geology ~~N Z 2 2D01 <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 Oirisioa of Minerals and Geology <br />~--eM-.~ <br />Dear Mr chreiner, <br />I am writing in regard to the current Division of Minerals and Geology review of plans for <br />the Green/Croissant Sand and Gravel Mine, DMG File No. M-2001-022. <br />As you are aware, the Applicant, Loveland Ready Mix Concrete, waived its right to a <br />decision in this case until July 9, 2001. It was our hope that some additional time would <br />allow us to work out a response to the Division's outstanding concems on this project. <br />With this letter, we are presenting a course of action that directly satisfies the specific <br />concerns related to floodpiain development and wetland mitigation identified by the <br />DMG. <br />The Applicant hereby agrees to: <br />Hold back from the Big Thompson River a minimum distance of 400 feet until <br />floodway development issues are satisfactorily resolved under either Option A or <br />Option C, as identified in the DMG adequacy review process. Should the <br />Applicant be required to agree to one of the above options, the Applicant will <br />pursue Option C. Under Option C, the Applicant agrees to hold back from the <br />river 400 feet until it submits and receives approval of plans for a side channel <br />spillway, allowing for pressure equalization of floodwater between Cell 4 and the <br />channel of the Big Thompson River, and thus allowing a reduced setback <br />distance subsequent to approval of these plans. <br />2. Immediately begin preparation of a U.S. Army Corps of Engineers 404 permit for <br />the GreenlCroissant Sand and Gravel Mine. This plan will fully account for the <br />excavation of _wefland areas on the-. site and corresponding mitigation. - The <br />Applicant agrees to avoid all impacts to wetlands identified in the July 2000 <br />jurisdictional delineation until approval of the 404 permit. Subsequent to <br />approval, the 404 permit will be forwarded to the DMG for Incorporation into the <br />case file. Furthermore, the Applicant agrees to provide the DMG with an <br />estimate of all costs associated with the approved mitigation plan. The Applicant <br />will amend its bond for the M-2001-022 Reclamation Permit as necessary to <br />account for mitigation costs. <br />~f~ ~~~~l~~~~~I~~~~~ <br />