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been approved by all appropriate local, state and federal flood control agencies. The <br />Applicant has demonstrated the need for a revised final design for the flood control berm. <br />The Applicant will submit a Flood Control Mitigation Plan to the Division in the form of <br />a technical revision by March 30, 2005, which will contain a revised, long-term final <br />design for the flood control berm. The Flood Control Mitigation Plan will also be <br />submitted to Weld County for review and approval. The Flood Control Mitigation PIan <br />will include the following elements: (1) Assurance that any potential adverse offsite <br />impacts will be minimized; (2) Adherence to all local, state and federal floodplain laws <br />and regulations; (3) An itemized summary of construction costs; (4) Representative <br />engineering designs and plans for final construction of the flood control berm; and (5) A <br />time schedule for completion of the plan. <br />12. In addition, the Applicant has agreed to certain conditions, set forth in full below, which <br />further protect property owners from potential flood damage. The Applicant will cease <br />fiuther additions of 511 material to the floodway of the Cache la Poudre River unless <br />authorized by the appropriate authorities. Any modifications to the existing flood control <br />berm must be consistent with applicable local, state and federal laws. Designs for any <br />modifications to the present configuration of the existing flood control berm must be <br />signed by a qualified registered professional engineer, and any such plans must be <br />submitted to the Division within 30 days of completion. The Applicant will also provide <br />a progress report to the Board at the Board's December 2004 meeting. <br />13. T'he weight of the evidence together with the conditions set forth below indicate that the <br />Applicant has complied with the m;n;mum requirements of Construction Materials Rules <br />3.1.6.(1). <br />