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relocation will occur ls`, then excavation to within 200 feet of the relocated ditch will follow. In <br />either case, it appears that excavation will occur within 200 feet of the ditch and LFI will need to <br />address compliance with Rule 6.4.19. (Review of Exhibit F -Reclamation Plan Map indicates <br />that the excavated and reclaimed lake in the amendment area will be well within 200 feet of the <br />final location of the relocated Suttle Ditch). Please address. <br />6.4.19 EXIIIBIT S -Permanent Man-made Structures <br />3. Exhibit S lists four (4) permanent man-made structures within 200 feet of the affected land: <br />fences, unimproved roads, Suttle Ditch, and Yampa Valley Electric Association power line. <br />On November 21, 2001 Applegate Group provided the Division with a signed and notarized <br />compensation agreement between the Yampa V alley Electric Association and Western Mobile <br />Northern, Inc. for excavation within 200 feet of Yampa Valley Electric Association's power line <br />structures. Please confirm that this damage waiver is now valid and legally binding between <br />LWI and the Yampa Valley Electric Association or whether a new agreement is needed between <br />LWI and the Yampa Valley Electric Association. <br />4. The applicant has provided a stability analysis which indicates that the Suttle Ditch will be <br />stable if relocated to within 10 feet of the crest of the backfilled pit slope. However, LFI will still <br />need to address how they will achieve compliance with Rule 6.4.19 for any excavation at the <br />River Valley Resource site within 200 feet of the relocated or existing Suttle Ditch, fences, or <br />unimproved roads. Please respond. <br />Once again, I will look forward to your response on or before September 2, 2003 to allow <br />adequate time for review before the September 9, 2003 decision date. Rule 1.8.1 states that <br />changes and additions to the permit application must be filed with the Division and the County <br />Clerk and Recorder. The applicant must also provide the Division with an affidavit or receipt <br />demonstrating that the change or addition was filed with the County Clerk and Recorder no later <br />than the close of business on the day the change was filed with the Division. <br />Please contact me at (303) 866-3567 if you have any questions. <br />Sincerely, <br />~--~1" ~'~f% <br />Thomas A. Schreiner~k~ <br />Environmental Protection Specialist <br />Cc: Cazl Mount, DMG (via E-Mail) <br />Steve Brown, AGO (via E-Mail) <br />Gary Tuttle, LWI <br />