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approval of tint plan from the Division of Minerals and (3eotogy." The condition [equQes AI m notify the <br />Division insmediately if DIMP exceeds 8ug/L. Aggregate Industries will be requQed, under the condition, m <br />submit monimring data m the Division within 30 days of samopliag, end if the Division deter~tus from the <br />monitoring data that these is reasonable potential for the operation m cause grotmdwate[ gnaLty standards for <br />DA4P m be exceeded, the Division wr71 notify AI m modify the permit m necessary m comply with Subsection <br />3.1.7 of the Rules <br />4. Has the applicant identified all atruchrres within 200 foot of the aBected areal (Rule 6.4.19, Exhibit S) <br />Ia response m the Diviaioa adequacy review, AI has listedm Exhibit S a force, lnouso, end we11s located on the <br />]Laren Topper Property. <br />5. Has the applicant provided a notarized agreement with the Toppers of an appropriate engineering <br />evaluation that demomtrates rtes atruchap will not be damaged by mining activities? (Rule 6.4.t9) <br />Aggmgate lndus4ies lrss sot entered io0n an agreement with the Toppers or completed an eaghteering <br />evaluation; however, AI bas committed in their application m no m®ag within 200 fret of the Topper property <br />Bence line unless an agreement is entered into with the Toppers acuptable to the Division. Tlw 200 Beet mining <br />setback is shown on the application Exhibit C maps. <br />6. Has the applicant provided a deacripilan of the presence sad estimated population of dae threatened and <br />endangered species from the federal and ante lists? (Rrde 6.4.g(lxc) ) <br />Aggregate Lrduatrles provided, in the original filed application, as Exbrbu H, a ropy of s letter fins the <br />Division of Wildlife. The letter writtenbyDishict Wildlih Mamgeg Stephanie Dumq after a preliminary <br />review of the aide, did not identify threatened or endangued species. As part of a response m the Division <br />adequacy review, AI submitted a copy of another letter from lrts Durno written m toe Adwn Connty <br />Deparlmeat of Phmoiag and Developmcni She stated, in that letter, that Bald Eagles Lave been observed in the <br />area and recommeadad that a 150 feetbuffer ba placed along tlm South Platte River and minima] disturbance m <br />the Fulton Dinh. The amendment area is well beyond dte 130 feet fiom the river and AI's sgreemem with the <br />Fulmn Ditch Compatry requires a 63 feet setback from the di1d~. <br />