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Ci 4. No mining shall occur within 65' of the inside top bank of the high bank of the Fulton Ditch without agreement on a lesser setback from the Fulton Ditch Company. If agreement is obtained from the Fulton Ditch Company on a lesser setback, a copy of said agreement shall be submitted to the DMG. Item #7-Sorenson's comments 5. No mining within a wetland's inventory area shall occur in Phases 1 ,2, or 5 (Plant Area), until the wetland's inventory is accepted by the Corp of Engineers and a 404 permit is issued allowing excavation and filling for removal of any identified wetlands requiring the appropriate 404 permit. A copy of the wetland's inventory, the 404 permit, and a Technical Revision incorporating the wetlands mitigation plan shall be submitted. /terns #12 and 25 Mining Phases Although mining is always dependent upon market demand, a time table and description of the mining of each phase is as follows based on a total life of the mining operation of 10± years. For all mining phases, concurrent reclamation of backfilling to create the required slopes will be undertaken within each phase as mining is occurring. Calculations on the cubic yardage required for backfilling the slopes are included on Exhibit C-2, Mining Plan Map. Prior to any excavation being undertaken in an area, excavation setbacks will be staked in the field to ensure relevant excavation setbacks are followed. Item #7-.Sorenson's comments Mining Phase Year or Activity Description of Mining and Other Disturbance Activities Mining 1 Phase 1 A Phase ]Amines 6± acres of Parcel A. Approximately 11± acres of Parcel A, within the low flow channel of the S. Platte River, will be left undisturbed except for any channel improvements required by UD&FCD. Another ]0± acre tree stand area will also be left undisturbed. Mining of the 6+ acre area is expected to be completed during the 1" year, and will create 6± acres of new wetlands area around the undisturbed tree strand as part of a mitigation plan to remove probable jurisdictional wetlands on Parcel B. This 6± acres includes some area within 400' of the S. Platte River channel. As mining within 400' of the S. Platte River channel requires approval by UD&FCD and agreement on what S. Platte River channel improvements should be installed as a condition of approval, no mining will occur without such approval and agreement. The 400' azea is shown on Exhibit C-2, Mining Plan Map. Mining may also be allowed within 100' of existing high bank along the S. Platte River, if said mining and backfilling is completed between October and March and approval from UD&FCD is obtained. This 100' area is also shown on Exhibit C-2, Mining Plan Map. UD&FCD comments 4