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6. The applicant states, on page 11, no U.S. Army Corps of Engineers 404 permit is necessary, as there are no <br />water bodies on the site nor are there any wetland areas. During the pre-operation inspection, Grand <br />County stated the U.S. Army Corps of Engineers was evaluating the drainage to determine if it was <br />considered a wetland area. Please explain the discrepancy and commit to obtaining the 404 permit, if <br />required, before disturbing the associated area. <br />EXHIBIT E - Reclamation Plan (Rule 6.4.5) <br />7. The applicant states, on page 12, an example is shown of the cut/fill setback option on Map Exhibit C-1 in <br />the northeast corner of the brown area. The revised Exhibit C-1 submitted with the technical revision does <br />not include a brown area showing the proposed setback. Please explain and/or revise the text and Exhibit <br />C as needed. <br />8. 0n page 13, a pGrtio ilvl ule ncvcsctauOn nvglanl text is i.iilread aulc uv to a Ivllt change and the <br />sentence running off the page. Please submit a legible copy of the Revegetation Program to the Division. <br />9. The applicant states, on page 14, a weed control plan is included in this plan. The Division did not receive <br />the weed control plan as part of the application package. Please submit the weed control plan to the <br />Division. <br />10. The applicant states, on page 16, settling ponds may be constructed on the site to collect water from the <br />washing operation before it leaves the site. Please commit to obtaining any permits required by the Office <br />of State Engineer and Colorado Department of Public Health and Environment prior to constructing the <br />pond and supplying the Division with copies of any required permits. The required permits may include a <br />Substitute Water Supply Plan, Augmentation Plan and Storm Water Management Plan. <br />EXHIBIT H - Wildlife Information (Rule 6.4.8) <br />11. Please provide a description of the game and non-game resources on and in the vicinity of the application <br />area, including the presence and estimated population of threatened or endangered species from either <br />federal or state lists. <br />Please be advised that the CR #3 Pit application may be deemed inadequate, and the application may be denied <br />on November 23, 2009 unless the above mentioned adequacy review items are addressed to the satisfaction of <br />the Division. If you feel more time is needed to complete your reply, the Division can grant an extension to the <br />decision date. This will be done upon receipt of a written waiver of your right to a decision by November 23, <br />2009 and request for additional time. This must be received no later than the deadline date. <br />If you have any questions, please do not hesitate to call me at 303-866-3567 Ext. 8124. <br />Sincerely <br />Peter S. Hays <br />Environmental Protection Specialist <br />cc: Steve Shuey; DRMS <br />Steve O'Brian; Environment, Inc. (via email)