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12. Applicant's current permit allows it to use inert fill, and the <br /> Application retains that option. The Applicant presented testimony that it does not <br /> accept any hazardous materials as inert fill and that it utilizes a stringent <br /> monitoring plan. Several Objectors raised concerns that Applicant was accepting <br /> potentially hazardous materials as fill, including drilling mud and water as well as <br /> concrete with rebar in it. <br /> 13. Applicant has submitted the required affidavit to the Division <br /> regarding its inert fill. Applicant also presented testimony regarding its inert fill <br /> program, including that it requires anyone brining inert fill to the site to certify <br /> that the fill comes from an uncontaminated site. Applicant had the site tested for <br /> contaminants related to inert fill when it acquired the site. The results of those <br /> tests were below applicable limits for volatile organic compounds, heavy metals and <br /> were indicative of common metals in dirt in the area. Applicant also testified that it <br /> follows and complies with Adams County's requirements regarding the use of inert <br /> fill. <br /> 14. Regarding the hydrological balance, Applicant testified that it would <br /> not mine into the water table. Four nearby wells are over 300 feet deep and under <br /> approximately 150 feet of impermeable shale. Applicant has permits for <br /> stormwater and will not use any toxic or acidic products in its operation. <br /> Applicant's site does not include any wetlands, and its mining operations will not <br /> impact wetlands. <br /> 15. Objectors raised concerns regarding impacts to wildlife, including a <br /> deer herd that was present in the area. Several objectors testified that the deer had <br /> started avoiding the area due to activity at the site and that there had been hunting <br /> in the pit. <br /> 16. Applicant presented testimony that wildlife had adapted to the activity <br /> in the site and that the plan does take wildlife into account. A survey of the site <br /> found no threatened or endangered species. <br /> 17. The Division presented testimony regarding the Application and its <br /> review of it and authority to inspect and enforce permit conditions and regulations <br /> after approval. The Applicant had satisfied all of the Division's adequacy review <br /> requests, and the Application satisfied the requirements of the Act and the Rules. <br /> 18. The Division recommended approving the permit Application over <br /> objections. <br /> CONCLUSIONS OF LAW <br /> 19. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> Albert Frei & Sons, Inc. <br /> AFS-Bennet Pit/M-200I-038 3 <br />