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W Sandy Lk Addn-CS0503140~ 14~_00~, 1~:40 t~I~FA[/DEt~ ? t~ILLER 97~4~11399 -~ ~ ~=504~5,0 N0.709 121212 F.t"tDD E N MILLER INC. GENERAL CONTRACTOR= MEMO DATE: TO: FROM: SUBJECT: 3/14/2005 KEITH MARVIN JON JACOBSON SANDY LAKE/121 DISTRIBUTION CENTER Dear Mr. Marvin, I wanted to respond to your letter of March 10 concerning the stock pond on our construction site. I believe you already are in possession of a letter from Dave Littleton with Albert Halff Assoc. to the effect that no changes have taken place since the original non-jurisdiction letter was sent a year ago. We have consulted with both Halff and Project Compliance, our SWPPP preparer, regarding draining of the pond. Based on their comments, our intentionis to construct 2 rock check-dams downstream and gradually breach the pond to control the flow as the pond drains. During the controlled drainage, we will monitor the amount and quality of fish life, and take appropriate steps if, in fact it is necessary to relocate any to another private site. Richard Crow with Myers and Crow has had discussions with Bill Wingo, a certified fish biologist, who happens to be familiar with our pond, and he gave Richard assurances that the pond was almost dry 2 years ago, and he does not expect us to encounter any significant or quality fish life. We also intend to monitor any other wildlife (i.e. ducklings) which may be affected by our activities, and will take whatever steps are necessary to protect them or relocate. ~Syl,l~elW~li~ScUornetaY~Umtheaitf yV'oejnht:vned ta~;~nudel~ticto°nUsroarCtcioVint~SrnsCar~fhu:lnYkas~,d 11350 lUNA ROAD / P O BOX 59882 1 DALLAS, TEXAS 75229 / (972) 401-2356 / FAX (972) 401-1399