2003-06-16_REVISION - M1999034 (2)

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approval of that plan from the Division of Minerals and Creology." The condition requires AI to notify the Division immediately if DIMP exceeds 8ug/L. Aggregate Industries will be required, under the 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 to cause groundwater quality standards for D1MP 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 identified 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 I{aren Topper Property. 5. Has the applicant provided a notarized agreement with the Toppers or an appropriate engineering evaluation that demonstrates the atmctures 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 the Topper property fence line unless an agreement is entered into with the Toppers acceptable to the Division. The 200 feet 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 Exhrbit H, a copy of a letter from the Division of Wildlife. The letter written lay District Wildlife Manager, Stephanie Dump, a8er a preliminary review of the site, did not idenflfy threatened or endangered species. As part of a response to the Division adequacy review, AI submitted a copy of another letter from Ms Durno written to the Adams County Department of Planning and Development. She stated, in that letter, that Bald Eagles have been observed in the azea 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.