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ENVIRONMENT, INC. PAGE 6 <br />APRIL 4, 2001 <br />submittal and advises PS6G as to whether the revision should <br />be an amendment or a technical revision. <br />9. I am still waiting for this information from Kris Pickett of <br />Pickett Engineering and will respond to this request under <br />separate cover as soon as I have the information. <br />12. I disagree with this statement. As noted in my response to 10 <br />above, the proposed reclamation plan does not incorporate <br />replacing wetlands at this time since any wetlands that occur <br />around the lake areas will be created voluntarily. Replacing <br />wetlands under 404 rules are not reclamation grojects, but is <br />rather a mitigation and reconstruction requirement in a 404 <br />permit. PS&G will follow the jurisdictional agency's rules <br />when and if they remove wetland areas. M.L.R.B. Rules and <br />Regulations do not cover wetland removal methods and mitiga- <br />tion nor can the Division enforce another agency's rules. As <br />I understand it, the Division can only advise an operator that <br />they have to comply with another agency's rules and if they <br />fail to comply, then the Division can take action against them <br />for not complying. But in this case, if PS&G is in compliance <br />with 404 requirements, then the M.L.R.B. has no jurisdiction <br />to require PS6G to include wetland mitigation projects in the <br />reclamation plan. <br />Memo from Alan Sorenson <br />I just received Alans' items and will respond to his memo under <br />separate cover when I address Tom's concerns for item #9. <br />I hope these responses address the items to your satisfaction. <br />A copy of this response will be placed with the Weld County Clerk <br />of the Board as required. If you have any questions please call <br />me. <br />Sincerely, <br />Environment, Inc <br />~~ ~ <br />Stevan L. O'Brian <br />President <br />cc Weld County Clerk <br />Platte Sand & Gravel LLC <br />file <br />