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- ~- ~ III IIIIIIIIIIIII III ~ Banks and Gesso, LLC March 19, 1999 ,tar. `L2 `~~JJ Env ~onmeOntal Protection Specialist ..~~nErais &Geo;ogy Colorado Division of Minerals and Geology Department Of Natural Resources 1313 Sherman Street, Room 213 Denver, Colorado 80203 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303)274-4277 Fax (303)274-8329 RE: Response to 'Application Comment Letters' for the North River Pit, file No. M-99- 005 Dear Larry: I received your letter yesterday regarding the referenced application comment letters. Upon review of the comments contained within the letters, and after discussing the field tour between you and Mr. Ed Kite with him, we have decided to make several changes to the mine and reclamation plan. With regard to the comment concerning the seepage/drainage ditch from the State Engineers Office, our survey shows that there is no record of a recorded easement for this ditch. However, apparently it has historically been a State highway drainage ditch to convey flows from areas upstream of this property and along Highway 194 and onto the river. In recent time, the State Highway Dept. has ceased to maintain this ditch from where it diverts from the highway and crosses private property. There are currently ongoing legal proceedings with regard to this ditch. We have decided to simply stay 200 feet from either side of the centerline of this ditch with excavation of the pit. I will be re-submitting revised mine and reclamation plans (maps and text) that will incorporate this change and also a setback of 200 feet to the south of Highway 194. The Corps of Engineers are working with All Rite Paving on another possible dredging project nearby and are aware of the proposed North River Pit. If it is found that there are jurisdictional wetlands located on the property to be mined, a 404 permit will be obtained. We will inform the Division of any further updates or changes to be implemented to the application if those changes are required from any jurisdictional governing agencies.