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33. Rule 6.4.8(1)(d) requires the ApplicanUOperator to include a description of the general effect during and after the proposed operation on the existing wildlife of the area, including but not limited to temporary and permanent loss of food and habitat, interference with migratory routes, and the general effect on the wildlife form increased human activity, including noise. Please include the above requested information regarding the operation's effect on wildlife at the site. Rule 6.4.10 Exhibit J- Vegetation Information 34. In Exhibit J (page 24 of 45) of the application, Lafazge states that mining will impact 12 cottonwood trees. However, in Exhibit E (page 11 of 45) Lafazge states that existing riparian habitats will be undisturbed by the mining operation. Please explain this discrepancy. Rule 6.4.12 Exhibit L- Reclamation Costs 35. The Division will estimate a cost to reclaim the site based on the information submitted by Lafazge in the forthcoming adequacy response. Rule 6.4.13 Exhibit M- Other Permits and Licenses 36. Lafarge did not state if a SSP, Well Permit or Plan of Augmentation will be obtained form the Division of Water Resources, Office of the State Engineer. Please commit to obtaining all necessary permits prior to the exposure of groundwater. 37. Lafarge did not state if an Army Corps of Engineers Permit will need to be obtained for mining at the Duckworth Pit. Throughout the application, Lafazge states that non- jurisdictional,jurisdictional and riparian areas are present on site. Please clarify this issue. Rule 6.4.14 Exhibit N- Source of Legal Ri t to Enter 38. Please provide documentation for the Legal right to enter the easement associated with the Smith and Emmons Ditch for purposes of mining and reclamation at the Duckworth Pit. 39. Please provide documentation for the legal right to enter the easement associated with the conveyor structure proposed over Idaho Creek. 40. Please provide documentation for the legal right to enter the easement associated with the conveyor structure proposed over Weld County Road 20%. 41. In Exhibit C of the Warranty Deed, it states that there are rights of way for ditches along the North, East and West lot lines. Please explain these right-of--ways, and how Lafarge will ensure that mining and reclamation of the Duckworth Pit will not infringe on these right-of- ways. Rule 6.4.19 Exhibit S-Permanent Man-Made Structures 42. Lafazge proposes to mine through the Sr:.ith & Emmons Ditch and maintain a 60-foot mining offset distance from all permanent man made structures, including Idaho Creek. Please see attached January 16, 2004 internal DMG memo titled, "Stability of Irrigation Ditches and other Structures." Please address the Division's comments/concerns regazding Lafazge's stability analysis in regard to imgation ditches and other structures.