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Rationale for Approval Recommendation Page 9 Delta Paving Gravel Pit File No. M-98-105 Aoril 7. 1999 statement, included in the application under Exhibit H, indicates a great diversity of wildlife species present. The DOW statement also indicates that measurable impacts to wildlife, resulting from the proposed operation, will be reduced or eliminated due to the method of mining and reclamation proposed in the application. b. Potential ecolog/c impacts to aquatic systems and fish !Young) See response to item 5a above. As stated previously, the applicant has appropriately addressed protection of surface and groundwater systems from pollution, in accordance with the Act and Rules. The applicant has committed to maintaining a 100' buffer zone between mining operations and the ordinary high water line of the river; river banks should not be affected by mining operations. The applicant has clarified that the intent of reclamation at the Phase II area, located within the 50-year floodplain, is for native fish habitat. Correspondence from the U.S. Fish and Wildlife Service, dated 3/8/99, indicates that the applicant is cooperating with wildlife agencies in developing a plan which does not result in habitat for non-native fish which compete with native endangered fish. 7. Comments specific to Exhibit N, Source of Legal Right to Enter a. County Planning Department failed to detect an alleged error of approximately 39.13 acres in a previous county survey land p/at for a subdivision, prior to recording the plat. IDelte County Planner) Documentation within the application indicates that the applicant is the surface and mineral owner of portions of the affected lands. The application contains lease agreements between the land owners and the applicant for all portions of the proposed affected lands not owned by the applicant. The application indicates that portions of the recorded plat specifically approved for agricultural or residential purposes are not included in the areas proposed for mining or material processing. b. Possib/e illegal omittance committed by county land surveyor on recorded land plats, possibly negating applicants legal righf to mine. (WSERCI See response under item 7a. 8. .., we expect that the requirements under section 404 of the Clean Water Act, requiring wet/ends rep/acement prior to construction disturbance be upheld. (WSERC/ In these proceedings, DMG authority is limited to enforcement of the Act and Rules. The U.S. Army Corps of Engineers is the enforcement authority for the Clean Water Act. Please direct comments regarding the Clean Water Act, and specific to this application, to the U.S. Army Corps of Engineers, Western Colorado Regulatory Office, 402 Rood Avenue, Roam 142, Grand Junction, CO 81501-2563, to the attention of Mr. Randy Snyder, project code 199975039. DMG has not received correspondence from the U.S. Army Corps of Engineers indicating that the proposed operation, the reclamation program, or the proposed future use is contrary to the requirements of the Clean Water Act.