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<br />Page 3 <br />Adequacy Issue Response <br />(c) If at the time shrubs and riparian vegetarian are to be removed and there is a place to <br />transplant them to, we will be happy to transplant them to satisfy the DOW's recommendation. <br />6. Eahibit F- Reclamation Plan Map The permanent plant site has been delineated on Exhibit F. <br />The area will be graded to drain to the pond to the north of the plant site. A note has been added <br />to Exhibit F to so indicate. <br />The intent of the recreation portion of the post mining land use was for boating and duck and <br />geese hunting. Boating can be done on the two larger ponds located on the Frazier property. <br />Heating can be done around all the ponds. Swimming is not included as an intended trse. <br />7. Eahibit G -Water The processing site is located within the 100 yeaz flood plain. It would <br />appeaz that it is out of the 50 year flood plain. The FEMA Maps do not delineate the 50 yeaz flood <br />plain, which is usually 1 to 1.5 feet below the 100 yeaz flood event. In regazd to the NPS <br />increasing the flows in the Gunnison, you would hope that they would not increase the flows <br />above the 100 year event. In the event that they did, you would think that they would be required <br />to notify down stream property owners well in advance of that happening. <br />Surface and ezound water will be protected from a flood event by one of the following methods: <br />1) berms, 2) raise the elevation of the pad for the container above the 100 yeaz event, 3) remove <br />the container from the area. <br />8. Eahibit J -Vegetation The principal vegetation species in the wetlands area are Saltgrass. <br />Tamarix and Cottonwood Trees. <br />9. Eahibit M -Other Permits At this time, we wilt not be seeking a permit from the Corps of <br />Engineers. After discussion with Randy Snyder of the Corps, it is our understanding that wetlands <br />can be removed by excavation only. For now. The Corps does not regulate activities that solely <br />involve excavation in jurisdictional waters and wetlands. This is the result of the cowl overturning <br />the so-called "Tullcoch Rule". We feel that this can be done in Phase II. Portions of Phases N and <br />VII also contain wetlands. We have not determined if these area can be removed by excavation <br />only because of there proximity to the existing ponds and the number of large tree. We may apply <br />for a permit to mine the wetlands or leave them. This determination will be made at a later date. <br />We probably have four of five years before we would need to eo into Phase N and VII. <br />11. Eabibit S -Permanent man-made Structures (b) Enclosed is a compensation agreement <br />with Delta- Montrose Electric Association for the power line. <br />