2016-10-13_REVISION - M2004031 - Laserfiche WebLink

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Objectors Keith and Shirl Sabin forfeited party status by failing to attend the prehearing conference in accordance with Rule 2.7.3. The remaining objectors (City of Thornton and Fred Orr/Equity Funding, LLC) are referred to herein as "Objectors." IV. ISSUES Presentations to the Board by the parties and the Division shall be limited to the following issues: A. Hydrologic Balance. Whether the Application adequately demonstrates that any disturbances to the prevailing hydrologic balance of the proposed affected land and surrounding area, including both surface water and groundwater, will be minimized. a. Surface water issues include: maintenance of the Bull Seep Channel; impact of the Orr drain on water removal; spillway elevation and potential for reverse flow of the Orr drain. b. Groundwater issues include: need for offsite groundwater level monitoring to establish effectiveness of proposed plan; impact of Orr drain on water removal; requirement for cover of exposed groundwater. B. Water Rights Compliance. Whether the Application adequately demonstrates compliance with applicable water rights requirements, including compliance with requirements of the State Engineer's Office and the U.S. Army Corps of Engineers. V. WITNESSES AND EXHIBITS Pursuant to Rule 2.6(2), all parties and the Division must exchange witness and exhibits at the prehearing conference. The Applicant, some Objectors, and the Division provided witness and exhibit lists during the prehearing conference as follows: Witnesses For Aggregate Industries-WCR, Inc.: • Steve W. Fox, Esq., Fowler, Schimberg, Flanagan & McLetchie, P.C.; • Connie Davis, Land Advisor, Environmental and Land Services, Aggregate Industries — WCR, Inc.; • Michael C. Refer, Environmental and Land Services, Regional Manager, Aggregate Industries —WCR, Inc.; • Tom Hesemann, Senior Vice President, Water Environment & Infrastructure, Tetra Tech, Inc.; • Gary Linden, P.G., Tetra Tech, Inc. 3