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iii iiiiiii~~iiii iii <br />Eryvirory-neryt, Iqc. <br />LARRY E. O~BRIAN <br />~II[~ID[MT <br />October 13, 1986 <br />Ms. Patricia C. Martinek <br />Colorado Mined Land Reclamation Division <br />1313 Sherman Street Suite 423 <br />Denver, Colorado 80203 <br />Dear Ms. Martinek; <br />9999 WEST 90TH AVENUE <br />ARVADA~COLORADO 90004 <br />303-423-7287 <br />~' <br />OCT 1? 9~6 <br /> <br />Re: B&B Excavating, Inc. Montgomery Pit <br />MLR File N0. M-86-104, Adequacy Response. <br />On behalf of our client B&B Excavating, Inc., we will respond to <br />your adequacy letter questions in the same format as they were asked. <br />Exhibit C- Affected Land <br />1. All owners of structures have been notified. I have argued <br />successfully with the board in the past that roads, power and <br />communication lines, and ditches are not structures as defined <br />in Websters dictionary. I maintain that they are manmade <br />objects not structures. B6B Excavating has notified the Power <br />line company because they have a ROW across the property, the <br />ditch people know about the project because B&B owns water <br />rights in the ditch and have been in contact with the ditch <br />people about moving it when the time comes. <br />Trees to be removed are along the ditch and there are approxi- <br />mately 40 cottonwoods. On page 12 of the application text we <br />stated that B&B Excavating would be placing approximately 185 <br />trees along the south fence line to provide a screen from the <br />highway, these will also more than replace any trees removed <br />from the area to be mined. Thus meeting the Wildlife Divisions <br />recommendations. Attached is a Landscaping Cross-section <br />showing the relative locations of the new ditch, trees, and <br />mine slopes. <br />3. Attached is a map showing the approximate locations of the <br />habitat. The riparian habitat is colored green the 6460 line <br />is traced brown. Any riparian habitat south of the brown line <br />will be affected by the mining and will be replaced with like <br />kind. The data on this map was prepared by Mr. Bill Heicher <br />local DOW officer. The sage brush habitat is mostly south of <br />the ditch to the fence line and west of the ephemeral drainage. <br />