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the stock piles from erosion from prevailing winds. Headwalls will be sloped at no <br /> greater than 3 to 1 during mining and regraded at a 5 to 1 slope during reclamation. <br /> 13. Regarding the hydrological balance, Applicant testified that its mining <br /> plan would mitigate impacts. Specifically, Applicant will not mine in the Hay Gulch <br /> Aquifer, which contains an alluvial aquifer. Mining will also stay at least two feet <br /> above the highwater mark for groundwater in the site. Applicant has nine <br /> groundwater monitoring wells, with six within the permitted area, that will be used <br /> monitor groundwater levels and determine a baseline level of groundwater. <br /> Applicant will also add another monitoring well next to its on-site processing facility <br /> and has committed to quarterly groundwater quality sampling. Regarding potential <br /> 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 /> Black Mountain Sand Weld LLC <br /> Lost Creek Mine/M-2018-051 3 <br />