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2. Letter from the Division of Wildlife dated 5/05/08, DRMS received 5/12/08. <br />3. Objection from Deep Cut Irrigation, George Ence, dated 5/06/08, DRMS received 5/09/08. <br />4. Additional comments received from Deep Cut Irrigation, dated 5/20/08, DRMS received on <br />5/21/08. <br />Issues Raised by the Objecting Party <br />Issues raised by the objecting party are represented by italicized bold print. DRMS response to the <br />objection issue follows in standard print. <br />References to the Act are from the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, 34-32.5-101 et seq., C.R.S. (1995 Repl.Vol.). References to the Rules are from the <br />Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board, effective <br />October 1995, and amended June of 2005. <br />In these proceedings, DRMS jurisdiction is limited to enforcement of the specific requirements of the Act <br />and Rules. DRMS considered all timely submitted comments in its review of the application. However, <br />DRMS can only address the issues that directly relate to the specific requirements of an application, as <br />stated in the Act and Rules. <br />1. Destabilization of the area. Deep Cut has a concern regarding excavations impacting the <br />future stability of the area with close proximity to their intake channel, head gate and ditch. <br />DRMS staff reviewed information supplied by the applicant. The DRMS engineer, Allen <br />Sorenson, noted that some of the proposed excavation was within the 100 year flood plain. <br />The noted structures for the Deep Cut ditch are all within the noted flood plain as well. The <br />Division's primary concern was the possible capture of the pit by the river in a 100 year event <br />which could have affected Deep Cut Ditch as well as others. The applicant in response to the <br />Division's review removed approximately 3 acres the entire are within the 100 year flood plain <br />from the proposed affected area. The 3 acres runs from the northwest corner to the east. By <br />removing the acreage the Division engineer's concerns over capture by the river were satisfied. <br />The secondary benefit was that 3 acre exclusion placed any proposed excavation will beyond <br />any ground stability issues. The ditch is approximately 500 feet away, the head gate is 400+ <br />feet away and the intake inlet channel is approximately 225 feet at its closest. Excavation <br />depths of only 30 feet, a wetlands and flood plain buffer nullify any ground stability concerns <br />by the Division at this time. <br />2. Flooding of the area. Deep Cut has concerns over flooding impacting their structures. <br />As noted above, DRMS review identified 3 acres within the 100 year flood plain. This <br />acreage was removed from the affected area and no excavation will occur. The removal <br />increases all distances from the head gate, ditch and inlet to a minimum of 225 feet. The area <br />does have wetlands that become saturated during high water events. The wetlands saturation <br />is due to groundwater elevation increases, not river flooding. The distances now approved are <br />within the normal standards of other approved permits and accepted by other jurisdictions.