2008-07-07_PERMIT FILE - M2008022

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-2- 3. The applicant will not mine into the Zone "A" floodplain area without first providing the appropriate technical analysis and designs and receiving DRM&S and necessary local floodplain authority approvals. If such information and documentation is provided and approvals are obtained from .the Division and Moffat County, the applicant may, at that time, expand the pond invert into the northeast corner. The applicant would like to use the surface areas of the Zone "A" floodplain areas in the northwest corner that are being removed and excluded from the pond invert for a possible additional temporary- equipment, topsoil/stockpiling area. The site inspection indicated very thin top soils with mostly gravel at the surface in this area. Some of the loam soils from the east slope areas can be placed in this area for top-soiling and re-vegetation. This area is within the revised Exhibit C pond excavation footprint and perimeter/road/buffer area. 4. Find attached 2 copies of the Revised Exhibit C and F Maps showing the flood plain set-back from Zone "A" to Zone "C", the delineated wetlands and the (shifted) single pond reclamation aspect. As stated in the application, disturbed areas at the site will be within the pond footprint and buffer (perimeter) areas. The pond footprint may include some wetlands areas as water surface, only if allowed and permitted by the COE (by possible future COE permit). The Wetlands Delineation Study is being completed by West Water Engineering to satisfy the COE pertnit requirements. 5. The applicant notes the Deep Cut Ditch owners' comments and states for the record that the cover letter for the "Promise to Correct"- Damage agreement is included in this permit file. Further, there were several telephone discussions with DRM&S concerning the difficulties the applicant was having in providing (obtaining) the "Required" Exhibit S documentation necessary for application submittal and review. The "Promise to Correct"- Damage Agreement document is a "good faith" agreement signed by the applicant and received by the owner of the Man-Made Structure within 200 feet of the permit boundary. 6. The application was accepted by DRM&S for review on 4/15/08 without a signed damage agreement from the ditch ownership. The applicant provided a Damage Agreement to the Deep Cut Ditch Ownership in February 2008. They refused to sign that document. The Applicant provided the "Promise to Correct" document to the ditch ownership (via mail) on 3/25/08. Mr. George Ence signed and acknowledged the receipt of the document on 4/24/08 and returned copies. The Division staff was hand-delivered copies of the transmittal letter and "Promise to Correct" documents on 5/6/08 during the site inspection by DRM&S on that date: