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(5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has acquired(or has applied for)a <br /> National Pollutant Discharge Elimination System(NPDES)permit from the Water Quality Control Division at the <br /> Colorado Department of Health, if necessary. <br /> Al will apply for a NPDES permit prior to mining or dewatering the site. <br /> Potential Mining Impacts <br /> Tucson South Resource Groundwater Modeling Study on the Hydrogeologic Effects of Mining, prepared by Tetra <br /> Tech RMC dated August 2004 was submitted as a referral response to DRMS August 3, 2004. The study is on <br /> record with the original application and attached herein for reference. A groundwater monitoring and mitigation plan <br /> was submitted to the Division as part pages 17-19 of an adequacy response to Mr. Larry Oehler dated November 22, <br /> 2004. The plan was reviewed and approved by the Division as part of the original permit for the site. A copy of the <br /> approved Groundwater Monitoring and Mitigation Plan is described below. <br /> The Conclusions and Recommendations as outlined in the Groundwater Modeling Study are outlined below. Please <br /> note that two of the parcels referenced in the model(Greenhouses and the small property located entirely within the <br /> east mining area now owned by the City of Aurora and located within the permit boundary), make recommendations <br /> regarding mitigation no longer relevant. In addition,the mine phasing with this Amendment was revised so <br /> references to the Phase 2 cells are now relevant to the East cell(Phase 3). <br /> A finite difference groundwater model was constructed for the proposed Tucson South Mine. The model indicates <br /> the groundwater near the mine will be lowered or slightly raised locally during mining in response to dewatering and <br /> slurry wall installation. The most widespread drawdown was found to occur during the dewatering of the Challenger <br /> Pit, Baseline Mine,and southern portion of the Rogers Pit. The dewatering of the Challenger Pit could potentially <br /> draw some water out of the Brighton Ditch (depending on the hydraulic connection between the Brighton Ditch and <br /> groundwater table in that area) unless local mitigation steps are taken. The largest local drawdown occurred near <br /> the greenhouses at the northeast comer of the Tucson South West cell,after the installation of all slurry walls and <br /> slope liners. (Note:the greenhouses are no longer in operation and the property is now included in the permit <br /> boundary) <br /> Water was found to mound several feet along the upstream (southern and western)edges of the West cell after <br /> installation of the slurry wall. Depending on the hydraulic connection between the Brighton Ditch and groundwater <br /> table,the ditch could potentially gain over parts of the reach nearest the west cell slurry wall. Simulations run without <br /> the presence of the Challenger Pit and Baseline Mine showed that groundwater impacts from only the Tucson South <br /> cells was much less compared to the impact of all proposed mines. Specifically,the simulations show that for the <br /> isolated Tucson South scenarios,water tends to mound instead of being drawn down. Well impacts in these isolated <br /> scenarios are predicted to be minimal. (Note:the greenhouses are no longer in operation and the property is <br /> now included in the permit boundary and owned by the City of Aurora. The Area will be mined and included <br /> within the reclaimed reservoir—no mitigation is required.) <br /> Groundwater flows from south-southwest to north-northeast,and hence no"shadowing effect" in the Morgan Smith <br /> Natural Area. The proximity of the River also minimizes the impacts of groundwater levels in the Morgan Smith <br /> Natural Area. Scenario 4(Figures 5 and 6),was modeled as dewatering the Tucson South Phase 2A(now East cell, <br /> Phase 3)area, dewatering the Challenger mine,and the slurry wall around the Tucson South Phase 2(now East cell, <br /> Phase 3) East cell is not yet constructed.The groundwater model predicts a 2-to 3-foot draw-down in the Morgan <br /> Smith Natural Area. However,the impact from the Phase 2A(now East cell, Phase 3)area has historically been <br /> occurring for the period mining and dewatering has been happening in this area,with no known measured impact. If <br /> the trees in this area are impacted,Aggregate can direct dewatering water to the ground surface in this area for <br /> irrigation. This draw-down would be temporary until the slurry wall is installed around the Phase 2(now East cell, <br /> Phase 3)area. <br /> Aggregate Industries Tucson South Resource <br /> Permit#M-2004-044112 Permit Amendment <br /> Page G-4 <br />