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Response to Technical Ade~cy Review, 19 March, 2001 • Page 5 <br />Item no. 17 Issue: NPDES ermit <br />Comment/deficienc Please rovide an affirmative statement <br />Res onse <br />The statement has been included in Exhibit G and Exhibit M. It should be noted that the CDPS permit replaces <br />NPDES permits in Colorado, but we understand that the language of the Rules does not accurately reflect that <br />situation, and so this must stated. <br />Item no. 18 Issue: Elk and beaver <br />Commentldeficienc Please clarif wh these were not included in Exhibit H. <br />Res onse <br />Neither elk or beaver were identified by various state agencies contacted about wildlife (NRCS, USFWS, and <br />CDOW), and in the letter (provided to the Division) from the local CDOW manager, he specifically rejected claims by <br />various persons that elk were common on the Truelsen property (the area of the pit). Seeing tracks of an animal <br />once in twelve years does not make this a "common" species in the area. In addition, I personally saw no evidence of <br />the presence of either elk or beaver on the site or nearby, during visits to the site between August and December of <br />2000, while preparing the application. However, Exhibit H has been revised to address these and other species of <br />concern to nei hbors. <br />Item no. 19 Issue: Im acts on wildlife <br />CommenUdeficienc Provide a descri lion of the eneral effect on the existin wildlife. <br />Res onse <br />Exhibit H has been ex anded to include more descri lion of the antici ate effects of the o eration and reclamation. <br />Item no. 20 Issue: Well and dischar a ermits <br />Commentldeficienc Please revise Exhibit M to include DWR and CDPHE WQCD ertnit information <br />Res onse <br />Exhibit M has been revised to include the information. <br />Item no. 21 Issue: Stability of permanent structures along roadway. <br />Commentldeficiency Inadequate information is provided to demonstrate the stability of permanent structures <br /> along the roadway, including fences, power lines, other utility lines, and the Home <br /> Ditch. In addition to the stability analysis, it is recommended that a compensation <br /> a reement be entered into for all owners of ertnanent structures. <br />Res onse <br />A slope stability analysis report has been prepared and is attached to Exhibit S, and also incorporated into cross- <br />sectionsfor Exhibit E. <br />A compensation agreement has been developed and signed by the Applicant and all owners of permanent structures <br />within 200 feet of the rtnit bounds . <br />