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-3- <br />As you know, the Deep Cut Ditch had first been concerned with dewatering <br />affecting their ditch by "drying it out". This would be very difficult to do and even if <br />possible, can be easily mitigated. The Moffat County BOCC wanted the parties to have a <br />Dewaterina Agreement" as a condition for the Special Use Permit. The Ditch Ownership <br />wanted more than the agreement required by the BOCC. The Moffat County BOCC has <br />rescinded their requirement that the applicant and Deep Cut Ditch Ownership have an <br />agreement as a condition for approval of the County Permit. Another similar pit close to <br />the ditch has no requirement for an agreement so the BOCC will not require one for this <br />site. Their second concerns were about the future 100 yr event flood damage to the ditch <br />(they wanted to have a Bond in Perpetuity). The applicant has shifted the excavated pond <br />invert from within the Zone "A" floodplain to mitigate that concern. <br />Hopefully, the revisions that have been made to the final pond footprint would <br />allow the Ditch Owners to withdraw their objection to this application and not cause <br />additional unnecessary expense to the applicant and taxpayers. Please contact me if you <br />have any other comments or questions at (719) 655-2709. Thank you. <br />egards, <br />Timothy . Sc Ion <br />a'st