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<br />~~ Banks and Gesso, LLC <br />~~ <br /> <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303) 274-4277 <br />June 19, 2001 RECEIVED Fax (303) 274-8329 <br />www. ban ksandgesso.com <br />Mr. Tony Waldren JUN 21 2001 <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 Division of Minerals and Gaolagy <br />Denver, CO 80203 <br />RE: Response to Referrals from Division of Water Resources & Army Corps of Engineers; Nix <br />Sand and Gravel Mine. File No. M-2001-046 <br />Mc Waldren: <br />We are in receipt of your faxed copies of referral responses from both the Division of Water <br />Resources, dated June 6, 2001, and the Army Corps of Engineers, dated June 11, 2001, <br />wncerning the above referenced application file for the Nix Sand and Gravel Mine. We would <br />like to take this time to address the concerns outlined in those referral responses. For your <br />records, I have also enclosed with this correspondence a copy of a response sent to Weld County <br />concerning referral comments from the Colorado Geologic Survey. You may receive the same <br />comments as the County, so hopefully this will address those. <br />In regards to the comments from the Division of Water Resources, a Substitute Supply Plan for <br />the Nix Sand and Gravel Mine has been prepared and was submitted to the Division of Water <br />Resources for review on June 12, 2001. Upon approval of the Substitute Supply Plan, a gravel <br />pit well permit application will be submitted to the Division of Water Resources for review and <br />approval. <br />In reference to the comments from the Army Corps of Engineers, we would like to re-emphasize <br />that the current mine and reclamation plan for the Nix Mine does not call for any mining, <br />excavation, dredging, placement of temporary or permanent fill, or any other detrimental activity <br />to occur within any waters of the United States. A Savage and Savage study of the property has <br />identified one ditch within the Stage One mine area as a possible jurisdictional wetland. <br />However, our plans have deliberately excluded this area from any excavation activities. If the <br />mine plan changes to include activities within waters of the United States located on the site, the <br />appropriate permits vvili be prepared and submitted to the Army Corps of Engineers for review <br />and approval prior to commencement of such activities. An amendment or a technical revision to <br />this permit will also be submitted to your office if the mine plan changes. <br />If you have any further questions or concerns, please feel free to call me at (303) 274-4277. <br />Si~ rely, <br />Tug tin <br />Planner <br />Cc: Joanna Williams, Division of Water Resources <br />Timothy T. Carey, Army Corps of Engineers <br />Bill Owens, Owens Brothers Concrete Company <br />20075 -Agency Correspondence <br />Enc: Response to CGS Referral Comments to Weld County <br />