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<br /> <br /> <br />Offsite Imact;. The application does not provide sufficient information <br />for the Division to find that offsite areas will be protected from damage <br />(C.R.S. 34-32-116(7)(h)). Specifically, there is insufficient <br />information to show where the low flow channel of the Uncompahgre River <br />will be subsequent to mining, particularly in the northwest corner of the <br />permit area. There is insufficient information to show how permanent <br />man-made structures east of the mined area, Such as the Walz Ditch and <br />the Charlie Logan Ditch, will be protected from flooding during mining <br />and following reclamation. <br />2. Hydrologic Impacts. The application does not provide sufficient evidence <br />for the Division to find that disturbances to the hydrologic balance <br />during and after operations will be minimized (C.R.S. 34-32-116(7)(9)). <br />Specifically, no information has been provided to describe how the river <br />will be diverted or kept out of the active pit area or how the mining <br />operation will stay above the ground water table. <br />3. Mining Plan. Certain deficiencies exist in the mining plan which must be <br />addressed. These include the need for a U.S. Corps of Engineers <br />nationwide or 404 dredge and fill permit, the elevation and slope of the <br />low flow channel of the Uncompahgre River, a discrepancy regarding the <br />commitment to leave cottonwood trees intact and the location of the <br />gravel stockpile area, a discrepancy regarding the commitment to leave <br />cottonwood trees intact and the location of the gravel stockpile area, a <br />discrepancy regarding the commitment to mine all slopes at 3:1 slope yet <br />when mining is completed the gravel bar will have a northerly slope which <br />is the same as the river gradient and a westerly slope of 0.2%, and <br />demonstration that the Sewage lagoon northwest of the permit boundary <br />will be safeguarded from damage or that an agreement has been signed <br />between the owner of the structure and Peck Gravel. Section <br />34-32-115(4)(d) requires that any damages to permanent man-made <br />structures within 200 feet of the affected land resulting from the mining <br />operation be compensated for by the operator. Further, Section <br />34-32-110(2)(a>(VII) requires that the application provide information <br />sufficient to describe or identify the type of mining operation proposed <br />and how it will be conducted. <br />4. Reclamation Plan. Exhibit C - Mining Plan states that "the area will <br />ultimately be returned to the same use as present." The post-mining land <br />use is designated as wildlife habitat. Section 34-32-116(7) and Rule <br />3.2(1)(i) requires that the application include a reclamation plan <br />addressing the measures to be taken to comply with the applicable <br />provisions of Rule 6. Further, Section 34-32-116(7)(q) requires that <br />reclamation be completed within five years following the completion of <br />mining. <br />The reclamation plan in the applicaticr. dce; not provide sufficient <br />information to describe how the affected land will be reclaimed to <br />wildlife habitat, timeframes for assuring that this ~.vork ~.vill be <br />completed within a five year period. .. ,ac'.e,~-.~~,;'.:..n tests for restoring <br />the land for ~.vildlife habitat. <br />