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iiiiiiiiiiiniiii~i , Southwestern Vegetation Analysis E'eCiogt(~i Wetland Ecology Serviee.s Land Rehabilitation Planning Photodocumenta[ion 37 East Colorado Avenue • Denver, Colorado 80210-3105 [3031 722-9067 Fax 13031 778-8937 March IE, 2001 Mark W Davis. Minerals Director Board of Land Commissioners Room 62ii 1313 Sherman Street Dem~er, CO 80203 RE: Coal Creek permu boundaries as per your letter of January 24, 2001. Lease Glvl 264. DMG Permit M-1988-044 Dear Mr. Davis: Don Opheim of Schmidt Construction provided me a copy of your letter which addresses, in part, this unfortunate overlap between two adjacent permits. This morning 1 me[ with Don at the site and he provided me with a couple of maps showing the Owens Brothers area. It is certainly clear that a considerable overlap exists behveen the Coal Creek permit and the Ovvens Brothers permit. I[ appears the Owens Brothers peitnrt is defined on the south by a drainage. I walked the entire area on the south side of the drainage [ha[ separates the nvo sites and found no current disturbances or even evidence of old disturbances on [he Coal Creek permit side of the drainage The vegetation has the characteristics of the natural vegetation on surrounding land that is outside both permit areas and 1 therefore conclude that no disturbance other than grazing has occurred in this area. It is also clear that all the disturbances on the north side of the drainage (Owens Brothers) belongs to them. It therefore appears your conclusion that disturbances within the overlap area are attnbu[able to Ovens Brothers rather than Schmidt (Centennial) is correct. I wall be preparing a modification to the DMG permit for Schmidt which will remove the overlap. The new boundan' will be along and slightly south of the drainage that currently separates [he two operations. It appears from dre maps Don provided me [hat the Owens Brothers permit boundary is slightly north of the actual drainage course. By placing dte Coal Creek permit boundary slightly south of [he drainage course the drainage course itse'.f will become unpermitted laud and therefore not subject to actual disturbance by either pemuttcc For much of [hc length of this drainage, the stream flows in an eroded area often inhabited by willows and appears to potentially be jurisdictional wetland. Keeping the drainageway excluded from both pemtits will help prevent problems with wetland disturbances. a[ least on the part of Sclunid[ I will provide you with a cop}' of the DMG permit change when it is submitted. i~ Sincerely. Mark A. cc~ Don Opheim Scott Davis Jim Stevens, Division of Minerals and Geology