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<br />ENVIRONMENT~INC. <br />MARCH 26, 2001 <br /> <br />PAGE 9 <br />future. Also, no islands will be built as part of the <br />reclamation plan. <br />30. No active nest has been identified close to the confluence of <br />the St. Vrain and South Platte rivers that I know of. In the <br />August 8 letter they mention a nest in the area of the <br />confluence but in later correspondence they make on mention of <br />a nest in the immediate vicinity of the permit area. During <br />our discussions with the DOW no mention or specific location <br />of a nest has been brought up. The DOW refers to a Roost Area <br />most often and it is important to understand the difference. <br />Activities around a nest are far more restrictive that a roost <br />and I want to make it clear that there is NO nest close to <br />this mine. PS&G is fully aware of their responsibilities <br />regarding threatened and endangered species that may exist on <br />the mine site. <br />Rule 6.4.10 Exhibit J - Vegetation Information <br />31. Division of Minerals and Geology has no jurisdiction over <br />wetlands. PS&G has been working with the Corps of Engineers <br />on this and Terry McKee of the Denver office stated that <br />wetland delineations are only good for five years. A prelimi- <br />nary wetlands study complete by ERO Resources last fall and <br />the small scale map attached shows the possible wetland areas, <br />Adequacy Exhibit 5. PS&G will not impact those areas at this <br />time and understands, that they cannot place fill in them <br />without a permit. Nothing in current the law prevents the <br />operator from mining and reclaiming these areas unless fill is <br />placed in them. <br />Rule 6.4.12 Exhibit L -Reclamation Costs <br />32. So noted. <br />Rule 6.4. f3 Exhibit M - Other Permits & incenses <br />33. The TSSP and well permit were filed with OSE on March 1, 2001 <br />by Leonard Rice Consulting Water Engineers. The LRCWE expects <br />this permit to be approved by April 15, 2001. PS&G will <br />commit to not exposing groundwater until the permit is <br />approved. A copy of the approval will be sent to the Division <br />for the records once it is received. <br />34. At this time this operation does not need a 404 permit for the <br />areas to be disturbed in the long range future. I have <br />submitted additional information to the Corps of Engineers <br />(COE) and asked them to clarify their referral letter of <br />January 3, 2001. A copy of their response will be submitted <br />for the Division file as soon as I have it. PS&G feels that <br />it is not practical to incorporate a 404 permit requirements <br />in the Reclamation Plan. I have argued this with the Division <br />before and still feel that it is not up to the Division to <br />