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residential development because they claim the former landowner of the site states that a residential land use is not compatible with the agricultural character of the area. Division of Minerals and Geology (DMG) Responses The question raised by the above comments is related to Rule 6.4.5(2)(b) of the Construction Materials Rules and Regulations, regarding the requirement of the applicant to submit a comparison of the proposed post-mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. The Applicant submitted an alternate reclamation plan for the site, giving specifications for reclamation consisting of revegetation of the site. Division Comment It is not the jurisdiction of the Division or the Board to determine whether the proposed post mining land use of residential development can be incorporated at the site. The county hods the ultimate authority to determine whether the site can be reclaimed as residential development. The application, however, has included an alternative plan that appears to be suitable with the current zoning at the site, should the request for residential development of the property be denied by the county. 3. Rule 6.4.7(1) Exhibit G -Water Information • The Gundersens object to the operation because they supplied a document from the Army Corps of Engineers stating that some of the wetlands at the site may be jurisdictional. The Gundersons expressed a concern that the wet areas on the slope where the proposed access road is to be situated may be wetlands. • The Gundersens referred to a comment in a Division of Wildlife letter to the La Plata County Community Development Department that states the operation should consider leaving a portion of the gravel pit as new wetland habitat for wildlife. Division of Minerals and Geology (DMG) Responses The question raised by the above comments is related to Rule 6.4.7 (1) ofthe Construction Materials Rules and Regulations, which requires the applicant to state expectations of the operation's direct effects to surface or groundwater systems. The applicant submitted a wetland delineation study of the site, conducted by Prymorys Environmental Consulting, LLC. The study specifically states that no jurisdictional wetlands will be impacted by activities at the site. The wet areas on the slope are seeps resulting from imgation water. Furthermore, the study states that wetland areas at the site that function as ground water storage and discharge to the stream and as wildlife habitat along the water course are within the proposed setback of the mining operation and will not be impactedby the activities.