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Rule 6.4.7 Exhibit G -Water Information <br />Mr. Kenney's letter raised the issues of impacts to the fragile riparian ecosystem and wildlife habitat <br />due to exposure of groundwater and future mining. <br />DRMS Response <br />The question concerning hydrologic impacts to the riparian ecosystem is jurisdictional and has <br />already been fully discussed above. <br />Division Comment <br />It should be noted that one of the existing ponds on Mr. Kenney's property has a surface of 14 acres <br />or greater, and lies within 150 feet of one of the groundwater wells identified above. The pond is <br />not known to have caused any apparent harm to that well or to local groundwater levels. <br />Rule 6.4.8 Exhibit H -Wildlife Information <br />The issue of wildlife habitat and migration has been raised by Mr. Kenney. <br />Division Response <br />The wildlife issues are jurisdictional and are adequately addressed in the original permit application <br />and in this amendment application. The site does not include any critical wildlife habitat or <br />migration routes. The riparian cottonwood trees known to be used by eagles are sufficiently distant <br />to cause no disturbance (per CDOW report). The Applicant proposes to reclaim the ponds to <br />wildlife habitat, including wetland areas along the pond margins. <br />Division Comment <br />This jurisdictional issue has been considered during the Division's review, but since it was not <br />raised during the public comment period, it is therefore deemed untimely. The issue is considered, <br />however, to be adequately addressed. <br />III. DIVISION RECOMMENDATION <br />It is the Division's determination that the Applicant has fulfilled all of the minimum requirements <br />for the conditioned approval of the 112c permit amendment (AM-2) for the Colona Pit site, and <br />recommends that amendment AM-2 be approved, with the following conditions: <br />(1) Prior to exposing or using groundwater, the Operator must submit evidence to this office of <br />having obtained either a gravel pit or other type of well permit, as applicable. <br />(2) Prior to exposing or using groundwater, the Operator must present to this office proof of <br />satisfying the requirements of the Colorado Division of Water Resources concerning water wells <br />within 600 feet of the permit area boundary. <br />