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C~ <br />-13- <br />STIPULATION N0. <br /> <br />THE OPERATOR MUST SUBMIT A PLAN TO DIVERT CHANNEL FLOW (DURING LOW FLOW <br />SEASON) THROUGH DIVERSION DITCHES OR OTHER APPROPRIATE METHOD WITH A SEDIMENT <br />CONTROL PLAN DESIGNED FOR THE TEMPORARY DIVERSION. THE DIVERSION SHOULD BE <br />DESIGNED TO CARRY A MINIMUM FLOW OF lOcfs. THIS PLAN MUST BE SUBMITTED TO THE <br />DIVISION AS A TECHNICAL REVISION 60 DAYS BEFORE CONSTRUCTION IN THE PRESENT <br />CHANNEL BEGINS. <br />The hydrologic balance in the area of the proposed preparation plant will be <br />protected by routing of water draining off the site into existing sediment <br />ponds. The increased drainage area totals only 4.4 acres. The design of the <br />existing sediment ponds is sufficient to function properly with the increased <br />acreage. <br />The proposed preparation plant facilities will be located within 100 feet of <br />the relocated Middle Fork of the Purgatoire River. Under Rule 4.05.18. the <br />Division grants a variance from the 100 foot stream buffer zone based on the <br />following findings: <br />a. The relocated stream channel will not be disturbed by the operation; <br />b. The operator has committed to berms to route all waters draining <br />from areas of surface disturbance away from the stream to sediment <br />ponds. Therefore, the water quality and quantity of the stream section <br />within 100 feet of the surface operations shall not be adversely <br />affected; and <br />c. No riparian vegetation presently exists in the stream channel. The <br />operator has committed to a revegetation plan for all surface <br />disturbance in the buffer zone. <br />The operator must place buffer zone signs in accordance with Rule 4.05.18(2). <br />The application contains no commitment for this. Therefore, the following <br />stipulation is necessary. <br />STIPULATION N0. 6 <br />WITHIN 60 DAYS OF PERMIT ISSUANCE, THE PERMITTEE SHALL ERECT STREAM BUFFER <br />ZONE SIGNS ON ALL AREAS BORDERING THE MIDDLE FORK OF THE PURGATOIRE RIVER <br />WITHIN AND DIRECTLY ADJACENT TO THE PERMITTED DISTURBED AREA. THESE SIGNS <br />MUST BE ERECTED AT THE EDGE OF THE DISTURBED/UNDISTURBED AREA OR 100 FEET FROM <br />THE EDGE OF THE STREAM, WHICHEVER IS LESS. <br />With the acceptance of the above stipulations the proposed operation is in <br />compliance with the requirements of this section. <br />VI. Hydrologic Balance: Ground Water - Rul <br />Information on ground water can be found in Section III, Parts 3 and 4 of the <br />permit revision application. <br />