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<br />Rationale for Approval Recommendation Page 5 <br />Delta Paving Gravel Pit <br />File No. M-98-105 <br />April 7.1999 <br />surface and groundwater systems from pollution, in accordance with the Act and Rules. <br />/. Bank stability potentially threatened by activities proposed by Bureau of <br />Rec/amation and/or the National Park Service <br />/Delta County Commissioner, WSERCI <br />The applicant has committed to maintaining a 100' no-mining setback from the ordinary high <br />water line of the river. The maps and text of the application indicate that the river banks will <br />not be affected by mining operations. <br />4. Comments specific to Exhibit E, Reclamation Plan <br />a. Permanent ponds show/d be located beyond the 50-year floodplain <br />per non-native fish sfocking procedures /DOWJ <br />The application indicates that mining Phase II is located within the 50-year floodplain. <br />Correspondence from the U.S. Fish and Wildlife Service, dated 3/8/99, addressed to the <br />applicant and contained within the public file, indicates that the applicant is cooperating with <br />wildlife agencies in developing a reclamation plan which does not result in habitat for non- <br />native fish which compete with native endangered fish. Additionally, the applicant has <br />clarified that the intent of reclamation at the Phase II area is for native fish habitat. <br />b. Reclamation could be enhanced by live shrub end wet/and vegetation <br />transplants where possible or app/icab/e (DOW) <br />The applicant has responded, "If at the time shrubs and riparian vegetation are to be removed, <br />and there is a place to transplant them to, we will be happy to transplant them to satisfy the <br />DOW's recommendations." <br />c. DOW recommendations, regarding location of permanent ponds <br />beyond the 50-year floodplain and riparian vegetation transplants, <br />should be imposed as permit conditions (WSERC) <br />See response under items 4a and 4b above. Permit documentation indicates that the <br />applicant has committed to complying with recommendations from wildlife agencies. The <br />application indicates that the majority of affected lands will be reclaimed to support wildlife <br />habitat post mining land use. <br />d. DMG and fhe applicant should take the recommendations of the <br />Army Corps serious/y regarding the importance of riparian areas /WSERC) <br />Comments received from the U.S. Army Corps of Engineers (COE1 indicates that jurisdictional <br />waters of the U.S., including wetlands, exist within pit boundaries and therefore a permit from <br />that agency may be required. Written comments received from COE do not contain additional <br />recommendations. DMG reviews all agency comments and recommendations received during <br />the comment period, but can only consider issues that are addressed by the Act and Rules and <br />therefore, within DMG's jurisdiction <br />