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impacts to the Empire Reservoir, which is near the site, Applicant presented <br /> testimony that its operations will not impact the reservoir because it will not be <br /> mining below the water table; its processing facility will be using water recycling; <br /> no blasting will be done, which eliminates the potential for affecting the dam <br /> structure; and on-site dust abatement will be used to prevent dust from the mining <br /> operations from blowing into the reservoir. <br /> 14. Regarding wildlife issues, the Applicant presented testimony that <br /> there were no threatened or endangered federal species on the site. Though the site <br /> does contain potential nesting habitat for burrowing owls, a state threatened <br /> species, monitoring will be conducted to determine if any nests are made on the site. <br /> No eagle nests are located on the site, though there is potential for some on the <br /> nearby Empire Reservoir. <br /> 15. The Applicant will follow all regulatory requirements regarding <br /> migratory birds and eagles, including conducting surveys to identify active nests <br /> and developing buffers to mitigate impacts to those nests during the mining <br /> operation. <br /> 16. Objectors presented testimony, primarily focusing on issues related to <br /> their concerns that the mining operation could disturb the prevailing hydrologic <br /> balance. Objector Equus Farms raised concerns that Applicant's proposed mining <br /> plan, particularly Applicant's use of well water in operations, could injure Equus <br /> Farms' historic water rights due to what they argue was an overestimation of <br /> historic use consumptive use of the wells on the site. <br /> 17. Objector Morgan County Quality Water District ("MCQWD") testified <br /> regarding their concerns that the proposed operations could affect the quality of <br /> water MCQWD pumps out of the Hay Gulch Basin, where they have a set of wells <br /> that provide water to their customers. Though Applicant's mining plan precludes <br /> mining in the Hay Gulch, MCQWD presented testimony arguing that the <br /> boundaries of the aquifer are speculative and that potential contaminants from the <br /> mining operation could find their way into the aquifer where MCQWD's wells are <br /> located. <br /> 18. Objector Bijou Irrigation presented testimony regarding concerns that <br /> Applicant's proposed mining plan called for quarterly water quantity and quality <br /> monitoring, which Bijou Irrigation argued was not frequent enough. Bijou <br /> Irrigation also presented testimony raising concerns with Applicant's reclamation <br /> plan, arguing that the site has little top soil, is dry and prone to erosion, and that <br /> the porosity of the sand would allow any contaminants dropped during mining to <br /> affect water quality in Empire Reservoir. Bijou Irrigation suggested mitigating <br /> most of those problems by requiring Applicant to import top soil as part of the <br /> reclamation plan. <br /> 19. The Division presented testimony regarding AM-01 and its review of <br /> the permit amendment application. No acidic or toxic materials will be mined or <br /> Black Mountain Sand Weld LLC <br /> Lost Creek Mine/M-2018-051 3 <br />