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<br />The Division has reviewed the application, the applicant's May 2. 2000 "Response to Adequacy <br />Review Comments", the applicant's second, May 24, 2000 "Response to Adequacy Review <br />Comments", and has added a proposed stipulation to the application. <br />With the information and commitments contained in the above referenced documents the Division <br />believes that the potential for off-site damage is minimized. <br />2. Established Trees <br />The majority of the trees on the site are within the set-back area. Requiring the saving of all trees <br />would result in the loss of a significant amount of the gravel resource. The Division does not believe <br />such a requirement would be justified. <br />Inlet and Outlet <br />Without a more specific expression of Mr. Davis' concerns in this regard, the Division cannot address <br />this issue. Water inlet and outlet stmctures are an operational consideration of water storage that the <br />Division believes is not within its jurisdiction. <br />4. Allen Sorenson's Issues of April 12, 2000 <br />The Division believes that the issues expressed by its staff member, Allen Sorenson, were adequately <br />resolved by the applicant's responses in their letters of May 2, 2000 and May 24, 2000, and [he <br />Division's proposed stipulation. <br />III. PROPOSED STIPULATION FOR APPROVAL <br />Stipulation 1: Prior to mining within 400 feet of the top of the bank of the South Platte River, the <br />Operator will provide and gain approval of a technical revision that includes an <br />evaluation of the stability of riverside berms to be left at the conclusion of mining. <br />