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5. Please further explain who owns the water rights associated with the ground water seeps identified by <br />the applicant. Please also provide the estimated flow rates associated with the seeps. <br />6. Mining of the Gardels Pit will encroach within 150 feet of the Big Thompson River and in some <br />cases, right up to the 100-year floodplain. Please describe how the site will be protected from river <br />instabilities adjacent to the 100-year floodplain. In particular, please state what measures will be <br />taken to provide river bank and pitside bank protection. The purpose of the flood controUmitigation <br />plan is to minimize the potential for excessive scouring and erosion of pit slopes and of offsite <br />impacts due to sedimentation or realignment of the existing river channel. <br />Please be advised that Gardels Pit New 112 Application may be deemed inadequate, and the application <br />may be denied on September 11, 2006 unless the above-mentioned adequacy review items are addressed <br />to the satisfaction of the Division. If you feel more time is needed to complete your reply, the Division <br />can grant an extension to the decision date. This will be done upon receipt of a written waiver of your <br />right to a decision by September 11, 2006 and request for additional time. This must be received no later <br />than the deadline date. <br />If you have any questions, please do not hesitate to call. <br />Sinc <br />Erica Crosby , <br />Environmental Protection Spec list <br />ca Cazl Mount; DMG <br />Peter Wayland; Weiland, Inc. <br />