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No structures are declared in this revision. The map reflects that the affected area is within 200 feet from several <br />fences. Please provide a description of each fence plus ownership information, as well as a statement as to how the <br />structure will not be damaged or how damage will be remediated. Please provide similaz information on any <br />ditches that may be located on or within 200 feet of the affected azea. <br />Geotechnical Stability Exhibit <br />The east river bank is an azea whose stability has been questioned and must be further evaluated. Thank you for <br />providing a copy of the hydrologic study by Winfield Wright. Though the pond azea to be amended to the permit is <br />not in close proximity to the river, the existing permitted azea includes that upstream portion of the river channel <br />and riverbank. Some of that upstream segment of the riverbank is currently riprapped for protection. Other <br />segments aze planned for future riprap installation. The riprap detail provided in [his amendment describes several <br />types of riprap to be installed, which will be evaluated by Division staff. Additionally, the portions of it that exist <br />now will likewise be evaluated for stability, to help estimate the effectiveness of similar types that are still to be <br />installed. This office will contact the operator for scheduling an onsite visit. <br />Other Items <br />Please note that your written response to this letter constitutes additional application material, and as such, must be <br />additionally filed with the county clerk and recorder (similaz to the filing of original amendment materials). Please <br />place a complete copy with the clerk and recorder of all materials submitted to this office, and obtain a receipt for <br />the filing. The receipt must provided to this office prior to the decision date. <br />The decision date was originally set for August 25, 2004. Due to the time needed for the Division's additional <br />engineering evaluation of [he riverbank stability and armoring, and time needed for a response by the operator, the <br />decision date will be extended an extra 30 days (pursuant to Rules 1.4.1(7) and (9)). The new date is set for <br />September 24, 2004. If all adequacy issues are addressed before that date, this office will issue its decision. <br />This office is obligated to state that if all adequacy issues are not addressed satisfactorily by the close of business <br />on the decision date, and no extension has been approved, this application maybe denied. <br />Written Objections and Pre-hearing Conference <br />During the pre-hearing conference that was convened this morning, the one objector who participated in the <br />conference chose to withdraw as an objector party. The other objectors lost their party status by not attending the <br />conference. The Boazd hearing that was tentatively scheduled for the September 22-23, 2004 meeting will not be <br />held. The operator should note, however, that the jurisdictional issues raised in the letters of objection must be <br />addressed, as explored in this letter. <br />Please respond to all items at your eazliest convenience. For questions or responses, I may be reached at the <br />Division's Durango field office: 701 Camino del Rio, Room 125, Durango, CO 81301; telephone 970-247-5193. <br />I look forwazd to receiving your adequacy responses. <br />Sincerely, <br />~~ \J~ <br />Bob Oswald <br />Enduonmental Protection Specialist <br />Ec: Harry Posey, DMG <br />Cc: Dave Dillon, Sandco, Inc., P.O. Box 4440, Durango, CO 81302 <br />A:\sandco am01 paz/rco <br />