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Page 5 <br />Aug 8, 2008 <br />Daniels Sand Pit #2 <br />It is agreed, however, that removal of existing cottonwoods will occur after the nesting season and preferably <br />during the winter when their removal will have minimal impact. <br />Division of Water Resources - The current requirements for augmentation will be continued through the <br />term of the operation or until such time as those requirements are no longer needed or replaced with other <br />provisions, as implemented by law or rules and regulations. This includes the recharge system. <br />U.S. Army Corps of Engineers - We agree that with regard to this site, Section 404 of the Clean Water Act <br />does not apply. In fact, it is recognized that adjacent lands do contain wetland habitats, whether jurisdictional or not, <br />and the plan has been designed to avoid impact on those habitats. These habitats are primarily in the eastern and <br />southern portions of the Little Johnson Reservoir portion of the plan and are maintained by an elevated water table <br />caused by a rise in the shale bedrock. Mining will not encroach on these areas or even come very near these areas as <br />there is no sand present and a suitable depth of sand for mining ends a few hundred feet from these wetlands. Also, <br />because the water table will not be intercepted to any significant degree, if at all, no influence from the mining <br />should occur on the continued existence of these wetland habitats in the Little Johnson area. It should also be <br />recognized that a possibility exists that in some areas on the pit floor as well as maybe in the sediment basins, similar <br />wetland habitats may be created. Thus, it is possible, the overall area will end up with more wetland habitat than ever <br />existed here in historic times. The additional amount may be just a little more or a lot more. It is another aspect that <br />cannot be predicted simply because those characteristics are too dependent on slight variations in a large number of <br />variables. But a loss of wetlands should not occur as a result of the mining. <br />Sincerely, <br />/ i 4/1. 7 <br />Mark A. Heifner <br />cc: Transit Mix Concrete