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j ."" W. B. PAYNTER Hare :303 3e52510 August 22, 1994 • III IIIIIIIIIIIII III 999 ... u. rn 21v1L~K ATiT7RNEY AT IAW A PROPFSSIONAL CORPORATION 117 MAAI, BOX A AKRON,COLORAD080720 307 3/52219 FAX 30! 3653210 Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Roan 215 Denver, CO 80203 ATTENTION: Allen C. Sorenson, Reclamation Specialist AUG u ; 1994 • •;.., o~ ;,m~e~ai, s laeoln9Y RE: Adequacy of the Permit Application, Nickell Gravel Pit, Washington County, File No. M-94-077 Dear Mr. Sorenson: In response to your letter of August 15, 1994, I would sutmit the following: 1. You are correct, the property is considered as rangeland. 2. You are correct, the property does contains 8.51 acres plus .91 acres for a total of 9.42. When the mining is ccnlpleted there will be no further use for the road and therefore, it will be reseeded with grass, in accordance with the A.S.C.S recal[Ilendations, exactly the way the pit is reseeded. 3. The County agrees that it will stabilize the topsoil stockpile by establishing grasses on the stockpile during the first growing season following soil salvage. 4. The County was not contel[gJlatiny lowering the stream bed itself. The gravel is located in a bend of the creek bed. 5. I have contacted the AIIIiy Corp of Engineers and am sutmittiny to them a copy of the completed application and they will then review it to determine if a permit is required under Section 404 of the Clean Water Act. 6. Attached hereto is original Proof of Publication as furnished by the Akron News-Reporter. I am sorry I sent you the wrong one originally. I am today sending copy of the application to the Army Corp of Engineers. I do not know how Tony it will take to hear from the Army Corp of Engineers, so at this time am uncertain as to whether or not we will have that particular matter completed by August 29. 7. I have contacted James M. Bechtel, Consulting Archaeologist of Fort Collins, and he will be submitting a report to the State Historical Society after reviewing the site in the next few days.