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<br />ripazian vegetation along the bank and will be subject to inspection for adequacy by the <br />Division of Minerals and Geology in the eazly summer of 2001. Inclusion of this condition <br />to permit application approval is intended to stabilize the bank in the event of a flood as <br />suggested in the Simon and Associates draft report dated June 9, 2000 that is included in the <br />reclamation permit application. <br />The Applicant will provide legal right [o enter the easements within the permit area. The <br />legal right to enter the easements is required to satisfy the terms of Rule 6.4.14, and must be <br />in place prior to the hearing on the permit application scheduled for August 24, 2000. The <br />DMG and the Attorney Generals Office will provide guidance on the documentation that will <br />be required to demonstrate legal right to enter the possibly abandoned ditch easements that <br />cross the permit area. <br />Issues Raised during DMG Review <br />In accordance with Rule 1.4.5(6), the following listing is provided of the issues raised by the <br />DMG in the review of the reclamation permit application for the Yankee Gulch Minerals Project <br />and a summary statement detailing how each issue was addressed. <br />DMG Issue #1: Potential for Threatened and Endangered Species within the proposed permit <br />area. <br />Resolution: The U.S. Fish and Wildlife Service was notified of the application and has issued a <br />finding that the permit area is not likely to support populations of Preble's Meadow Jumping <br />Mouse and that proposed site activities should not directly affect the continued existence of the <br />mouse. <br />DMG Issue #2: Legal right to enter various easements within the proposed permit azea. <br />Resolution: See condition to approval #3 listed above. <br />DMG Issue #3: Spill prevention. <br />Resolution: The Applicant has provided a Storm Water Management and Spill Prevention Plan. <br />DMG Issue #4: Rerouting of the Big Thompson River through the pits as the result of a large <br />flood. <br />Resolution: The applicant has provided an evaluation of [he potential for river capture by the <br />pits demonstrating that [he probability of occurrence is low. Also see condition [o approval #2 <br />listed above. <br />DMG Issue #5: Bank swallow protection plan. <br />Resolution: See condition to approval #1 listed above. <br />