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operation, a SPCC plan will no doubt be required for the batch plant operation as part of that permit. Exhibit E- Reclamation Plan: 1.) The reclamation plan should correctly read that only the top approximately 18 inches of topsoil will be stripped and stockpiled into berms for reclamation of the lake shores. The top 18 inches of topsoil is not encrusted with alkaline deposits over most of the central permit area north of the river. In the areas closer to the river, topsoil nearer to the surface does have some alkaline content. 2.) The average depth for topsoil replacement will be approximately 15 inches. ~ 3.) The Substitute Supply Plan has been reviewed by Wright Water Engineers on behalf of the State Engineers Office and their review questions and concerns are presently being addressed. In our estimation, the Plan will be approved with little difficulty, as long as the applicant can show proof of "make-up" water to compensate for the evaporative losses to the Arkansas River system. The make-up water will be provided by owned shares of Ft. Lyons Ditch water. By law, a gravel well permit will have to be obtained prior to exposing appropriated waters of the Arkansas River Basin. This well permit will be obtained prior to mining. 4.) The current land use is agricultural. The proposed post-mining land use is for wildlife habitat as amined-gravel lake. The reclaimed gravel lake will support wetland vegetation around the perimeter and will attract waterfowl along the shore and out in the deeper water. A warm water lake fishery can be established to benefit the overall habitat characteristics of the site. As a current nearby comparable land use, the Arkansas River to the south and upstream and downstream of the permit site supports some adjacent wetlands with vegetation and wildlife characteristics that would be expanded and enhanced with the proposed reclamation for this site. Per a phone conversation with Charlene Powers, the County Planner, the "Otero County Program Design" was developed in 1975 and has not been updated. Exhibit J - Vegetation Information: ~.~ 1.) A wetland "delineation" has not been performed for this site. A "determination" was made in support of this application submittal. As part of the determination, appeared that not all criteria for a USCOE "defined" wetland existed for the greater part of the site. However, some areas do appear to exhibit defined wetland characteristics as noted in a recent re-visit of the site. Prior to any excavation on the site, the Pueblo Corps of Engineers District Office will be consulted and a delineation may have to be performed, resulting in a "404" permit. This District Office has provided you with a referral letter dated March 10, 1999 in which they concur that jurisdictional wetlands may occur on the site. It is the intention of the applicant to abide by any regulatory authority that the Corps may impose upon the mining of the proposed permit area. Prior to any excavation on the site, a Corps of Engineers permit will be obtained if required.