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Colorado Department of Public Health and Environment for Water <br />Quality. <br />• The Bull Seep was relocated and mitigation wetlands constructed in <br />accordance with approved Army Corp. of Engineers 404 Permit (DA File <br />No. 199980194). AI's proposal does not include any changes to the <br />approved 404 Permit. <br />Finally, the Division denial of TR -05 inaccurately states that the proposed <br />permanent groundwater mounding mitigation plan intends to influence lands located <br />beyond the approved boundary of affected lands. This again is inaccurate because: <br />• AI's groundwater mounding mitigation plan provides for installation of <br />structures within the permit boundary and proposes only to mitigate <br />mounding on the Orr property to the extent that groundwater elevations <br />increase on that property as a result of the slurry wall surrounding the <br />Hazeltine Mine. Al does not seek to drain the Orr property to the extent <br />it would affect lower groundwater elevations below pre -slurry wall <br />conditions, nor does it seek to mitigate non -project related influences to <br />groundwater or surface water fluctuations or changes resulting from <br />surrounding local conditions, including precipitation, river flows, land use <br />or water uses. <br />• Mitigation of the adjacent Orr property is the subject of the Board's Order <br />based on a Complaint filed by Orr. Notice to Orr should not be required <br />since not only did he attend the hearing but he and his consulting <br />engineer, Steve O'Brian have in fact been to the Orr property with <br />representatives of both the Division and the Operator. Mr. O'Brian <br />acknowledges that the temporary plan is working and is aware that <br />enhancements to the temporary system are intended to provide a <br />permanent mitigation solution. There are no other adjacent lands outside <br />the Hazeltine permit boundary that will be affected by the proposed <br />mitigation plan. Any other adjacent property is on the other side of the <br />Fulton Ditch from the mine site which is not hydrologically connected. <br />RELIEF REQUESTED <br />Aggregate Industries as the Operator of the Hazeltine Mine respectfully <br />requests that the Board review and reverse the Division's determination of July 24, <br />2015 and allow the Operator to proceed with TR -05. <br />5 <br />