2003-06-12_REVISION - M1999034 (2)

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approval of that plan from the Division of Minerals and Geology." The condition requires AI to notify the Division immediately if DIMP exceeds Sug/L. Aggregate Industries will be required, under [he condition, to submit monitoring data to the Division within 30 days of sampling, and if the Division determines from the monitoring data that there is reasonable potential for the operation [o cause groundwater quality standards for DIMP to be exceeded, the Division will notify AI to modify the permit as necessary to comply with Subsection 3.1.7 of the Rules 4. Has the applicant identt£ed all stmctures within 200 feet of the affected area? (Rule 6.4.19, Exhibit S) In response to the Division adequacy review, AI has listed in Exhibit S a fence, house, and wells located on the Karen Topper Property. 5. Has the applicant provided a notarized agreement with the Toppers or an appropriate engineering evaluation that demonstrates the structures will not be damaged by mining activities? (Rule 6.4.19) Aggregate Industries has not entered into an agreement with the Toppers or completed an engineering evaluation; however, AI has committed in their application to no mining within 200 feet of [he Topper property fence line unless an agreement is entered into with the Toppers acceptable [o the Division. The 200 fee[ mining setback is shown on the application Exhibit C maps. 6. Has the applicant provided a description of the presence and estimated populations of the threatened and endangered species from the federal and state lists? (Rule 6.4.8(1)(c) ) Aggregate Industries provided, in the original filed application, as Exhibit H, a copy of a letter from the Division of Wildlife. The letter written by District Wildlife Manager, Stephanie Demo, after a preliminary review of [he site, did not idenfify threatened or endangered species. As par[ of a response to the Division adequacy review, AI submitted a copy of another letter from Ms Durno written to [he Adams County Department of Planning and Development. She stated, in that letter, that Bald Eagles have been observed in the area and recommended that a 150 feet buffer be placed along the South Platte River and minimal disturbance to the Fulton Ditch. The amendment area is well beyond the 150 feet from the river and AI's agreement with the Fulton Ditch Company requires a 65 feet setback from the ditch.